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2016 MarsdenLR 1779

HIGH COURT MALAYA KUALA LUMPUR
PAN MALAYSIAN POOLS SDN BHD – Appellant
Versus
KWAN TAT THAI & ANOR – Respondent


Table of Content
1. allegations of secret profits require clear evidence of wrongdoing. (Para 1 , 6 , 19)
2. breach of employment terms must lead to demonstrable loss for damages. (Para 21 , 40 , 71)
3. failure to prove secret profits is critical in fiduciary obligation claims. (Para 62)
Azizul Azmi Adnan JC:

Introduction

[1] The plaintiff in this case, Pan Malaysian Pools Sdn Bhd, sued Kwan Tat Thai and Wan Kong Wai, the first and second defendants respectively, for (among others) the recovery of secret profits alleged to have been obtained by the defendants at the plaintiff's expense, in connection with the procurement by the plaintiff of information technology-related equipment. The defendants are former employees of the plaintiff.

[2] There were over 20 trial days for this case, and more than 3000 pages of exhibits. Submissions were commensurately lengthy. Despite the complexity and volume of the evidence, I found that the crux of the issue turned simply on the probative value of the forensic computer-generated evidence that had been recovered from the computer that been assigned to the first defendant.

[3] Having heard the submissions of counsel, I found that:-

(a) the defendants had b

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