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2025 MarsdenLR 3074

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. nature of employment contracts and obligations. (Para 1 , 2 , 3 , 4)
2. plaintiffs' claims and relief sought. (Para 22 , 23)
3. defendants' defenses and counterclaims. (Para 28 , 29)
4. burden of proof in employment conflicts. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42)
5. breach of duty of confidentiality established. (Para 57 , 58 , 67 , 68 , 70)
6. breach of fiduciary duty found. (Para 84 , 85 , 89)
7. unlawful interference with business demonstrated. (Para 90 , 91 , 100 , 101 , 102)
8. outcome of the case based on findings. (Para 127 , 151 , 152)
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 against such employee. Th

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