Vincent NG J (now JCA):

The order being sought by the plaintiff in encl 10 is encompassed in prayer 2 (prayers 1 and 3 are not sought for the interim) which states as follows:

An injunction to restrain the defendant, her servants or agents or otherwise howsoever from contacting and or corresponding with all or any of the present customers of the plaintiff (whose names are as set out in the Annexture ‘A’ hereto) until judgment in this action or further order of this honourable court.

COMMON GROUND

Both parties are on common ground on the facts now set out below:

(a)The defendant had been employed by the plaintiff since 24 February 1999, rose through the ranks to the position of sales consultant in 2001 and resigned from her last held position of centre manager of the Petaling Jaya branch in June 2005.

(b)Throughout her employment with the plaintiff, the defendant executed a total of three (3) employment agreements (paras 6 to 8 and exhs VW-1, VW-2 and VW-3, encl 9) which contained express and specific prohibitions and strictures regarding confidentiality, non-solicitation and non-competition (para 16, encl 9). In this regard, the clauses in the said agreements are material and warrant reproduction herein below:

Clause 7.01: CONFIDENTIALITY

The Employee acknowledges that during the course of the Employment he may receive special training from the Company and may have access to:

(all such information hereinafter referred to as ‘Confidential Information’).

Clause 7.02:

The Employee agrees that he shall not whether during or after the termination of this Agreement without limit in point of time (except as authorized or required by his duties hereunder or to the extent required by law or by an order from a court of competent jurisdiction):

but so that these restrictions shall cease to apply to any such Confidential Information which may have come into the public domain otherwise than through any unauthorized disclosure by the employee.

(i)information, knowledge training, systems or methods, trade secrets, processes, programs, treatment, procedures, formulae, data, know-how, improvements, inventions, techniques, marketing plans and strategies from time to time developed by the company or any other member of the Group or otherwise relating to the business of the Company or other member of the Group, all of which are confidential to the Company and are acknowledged by the employee to be confidential in nature to the Company or other member of the Group (as the case may be);

(ii)lists or details of customers of the Company or other member of the Group;

(iii)lists or details of manufacturers or suppliers to the Company or other member of the Group; and

(iv)other information in respect of which the Company or other member of the Group is bound by an obligation of confidence to a third party;

(i)divulge or communicate to any person any of the Confidential Information;

(ii)use any such Confidential Information for any purpose other than that of the Company or other member of the Group and in the performance of his duties hereunder; and

(iii)through any failure to exercise due care and diligence cause any unauthorized disclosure of any such Confidential Information;

(c)Whilst in employment with the plaintiff, the defendant was sent for training and management courses and she was groomed for a managerial position by being provided with periodical on-the job training on treatments, products, sales and management (para 10, encl 9).

(d)The defendant owed the plaintiff duties of due care, diligence, fidelity and good faith which includes but is not limited to the duty not to act against the business interest of the defendant (para 30, encl 9).

The expression ‘Bella Beauty Business’ in this case refers to the plaintiff's business of providing skin and beauty care, products and services which commenced business more than 15 years ago through its seven branches in Malaysia. Bella Beauty Business involves the provision of facial and body care for both females (which was c