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COURT OF APPEAL PUTRAJAYA
KAREN YAP CHEW LING – Appellant
Versus
BINARY GROUP SERVICES BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. balancing confidentiality and employee mobility (Para 1 , 2) |
| 2. nature of the plaintiff's business and its implications (Para 3 , 4 , 5) |
| 3. details of the plaintiff's claims against the defendant (Para 6 , 7 , 8 , 12) |
| 4. court's observations on evidence and trial conduct (Para 9 , 10 , 26 , 32 , 39 , 43) |
| 5. defendant's arguments against the high court's decisions (Para 14 , 15 , 17 , 18 , 19 , 21) |
| 6. confidential information and fiduciary duties (Para 44 , 45 , 46 , 49) |
| 7. legal standards for breach of confidence (Para 48 , 74 , 75 , 76 , 80) |
| 8. assessment of damages for breach of confidentiality (Para 90 , 94 , 115 , 149 , 150) |
| 9. final orders and remittance for damages assessment (Para 190 , 191 , 192) |
[1] In a world where information travels at a speed rivalling that of light, there is a real temptation for an employee, when leaving the company, to take with him the confidential information of the company, especially when the employee is joining a competitor. A balance has to be found between protecting the confidential information of the employer and the employee seeking employment in a similar line where knowledge and experience gained at the previo
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