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2025 MarsdenLR 1972

HIGH COURT MALAYA PULAU PINANG
EUROPACK INDUSTRIES (M) SDN BHD & ANOR – Appellant
Versus
KANG MEI SIM & ANOR – Respondent


Petitioner Advocates:Khaw Yit Hao ,Respondent Advocate: Lim Kian Leong,Lim Ee Theng,Ooi Kim Ing

Table of Content
1. employment contracts include confidentiality obligations. (Para 1 , 2 , 3 , 4 , 5)
2. background facts outline parties and business relationships. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
3. plaintiffs claim multiple breaches by the defendants. (Para 22 , 24)
4. defendants counterclaim actions were retaliatory. (Para 28 , 29)
5. burden of proof lies with parties asserting claims. (Para 30 , 31 , 32)
6. court confirms breach of fiduciary duties and confidentiality. (Para 56 , 84 , 152)
7. court orders injunction, damages, and dismisses share claim. (Para 153)
JUDGMENT

Anand Ponnudurai J:

Introduction

[1] It is not unusual for employment contracts to contain terms and conditions relating to maintaining confidentiality, conflict of interest etc and such terms may be applicable during employment and even once the employment relationship ceases. Hence, employees should be wary of their conduct at all material times during and post-employment so as to avoid any possible claim by the employer thereafter. If and when allegations arise that there has been a breach of those obligations, an employer will generally not hesitate to take action ag

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