The settlement agreement's confidentiality clause bars the plaintiff from using related documents in new litigation, reinforcing principles of estoppel and res judicata.

[1] The plaintiff filed this suit on 8 December 2009 vide a Writ of Summons, encl (1).

[2] In this suit the plaintiff is suing the 1st, 3rd and 4th defendants for damages, inclusive of aggravated and exemplary damages for slander amounting to RM3 million; the 1st, 2nd, 3rd and 4th defendants for damages, inclusive of aggravated and exemplary damages for malicious falsehood amounting to RM5 million; and the 2nd, 3rd and 4th defendants for damages, for conspiracy to injure and inducing the 1st defendant to breach its employment contract with the plaintiff, amounting to RM5 million; with interest, costs and such further or other relief as the court deems fit.

[3] In a nutshell, the plaintiff is suing the four defendants for damages for slander, malicious falsehood and conspiracy to injure.

[4] The plaintiff contends that the three causes of action arose from and were related to the unlawful termination of the plaintiff's employment by the 1st defendant on 22 October 2009.

The Plaintiff's Statement Of Claim

[5] In para 2 of her statement of claim, encl (2), filed on 8 December 2009, the plaintiff avers that at the material time the plaintiff was an employee of the 1st defendant, being employed by the 1st defendant as "Director-Malaysia" until her unlawful termination by the 1st defendant.

[6] The plaintiff avers, in the same paragraph of her statement of claim, that she has spent 20 years in the retail industry in New Zealand, Singapore and Malaysia and prior to and during her employment with the 1st defendant has established a reputation of integrity and professionalism and is well known among the social and political circles in Malaysia and overseas.

[7] The plaintiff avers, in para 3 of her statement of claim, that the 1st defendant at all material times was the plaintiff's employer; in para 4 of her statement of claim, that the 2nd defendant is the "Group Vice-President, Asia Pacific of Tiffany & Co"; in para 3 of her statement of claim, that the 3rd defendant is the "Regional Human Resource Manager, Asia of Tiffany & Co"; and in para 5 of her statement of claim, that the 4th defendant is the "Vice-President, Korea, Taiwan, Singapore and Malaysia of Tiffany & Co".

[8] The plaintiff avers, in para 7 of her statement of claim, that she was first employed by the 1st defendant on 29 September 2000, as "Manager-Malaysia" with primary responsibility for sales and based in the store/outlet in shopping mall more commonly known as the KLCC whereas the operations, administration and human resource and accounting were the responsibility of the then Finance Manager in Malaysia.

[9] The plaintiff avers, in para 8 of her statement of claim, that while so employed between 2000 and 2008 she was responsible for increasing the growth in sales by RM19,690,073.00 or 393.225 per cent which equates to a compound growth of 18.6 per cent per annum.

[10] The plaintiff avers, in para 9 of her statement of claim, that since the start of the Annual Performance Appraisal by the 1st defendant in 2004, the plaintiff was adjudged to have achieved the rating "5 High - frequently exceeds expectations" in the said appraisal for every year of service.

[11] The plaintiff avers, in para 17 of her statement of claim, that at 5.00pm on 3 August 2009, the 3rd and 4th defendants presented an undated agreement (the "Termination Agreement") which was pre-signed by the 2nd defendant which in essence was an unlawful and a devious attempt to terminate the plaintiff's employment effective on 7 Aug