Sulaiman Daud JCA:

[1] This is an appeal against the decision of the learned judge of the High Court dismissing the appellant's claim against the respondents for damages and other declaratory reliefs arising out of an alleged repudiation of a written agreement and an alleged wrongful appropriation and use of confidential information.

Background Facts

[2] The factual background can be stated briefly. The 2nd respondent is a company limited by shares with shareholding in the 1st respondent's company. The principal business of the company includes the production of loaders which forms integral components of compact disc based equipments. In 1991 the 2nd respondent sub-contracted the assembly of the loaders to a company called Singamip Industries Sdn Bhd ("Singamip") which had its operation in Tampoi. At the same time it appointed one of its officers by the name of Allan Netto (SP2) to supervise the assembly at the plant. Subsequently in late 1992 the 2nd respondent appointed the appellant to replace Singamip as its subcontractor to carry out the assembly of the loaders. After the phasing out of Singamip and until 1995, the appellant was the only sub-contractor carrying out such a