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2008 MarsdenLR 2100

HIGH COURT MALAYA KUALA LUMPUR
SVENSON HAIR CENTER SDN BHD – Appellant
Versus
IRENE CHIN ZEE LING – Respondent


Petitioner Advocates:Trevor George De Silva,Mohd Rohaizerin Haji Rosli ,Respondent Advocate: Celine Chelladurai,Zainurazira Zainal Abidin

JUDGMENT

Vincent Ng J:

[1] The order being sought by the plaintiff in encl 10 is encompassed in prayer 2 (prayers 1 and 3 are not sought for the interim) which states as follows:

An injunction to restrain the defendant, her servants or agents or otherwise howsoever from contacting and or corresponding with all or any of the present customers of the plaintiff (whose names are as set out in the Annexure 'A' hereto) until judgment in this action or further order of this Honourable Court.

Common Ground

[2] Both parties are on common ground on the facts now set out below.

(a) The defendant had been employed by the plaintiff since 24 February 1999, rose through the ranks to the position of sales consultant in 2001 and resigned from her last held position of centre manager of the Petaling Jaya branch in June 2005.

(b) Throughout her employment with the plaintiff, the defendant executed a total of three employment agreements (paras 6 to 8 and exhs VW1, VW2 and VW3, encl 9) which contained express and specific prohibitions and strictures regarding confidentiality, non-solicitation and non-competition (para 16, encl 9). In this regard, the clauses in the said agreements are material and warrant rep

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