BIRCHER ASIA PACIFIC SDN BHD v. YEOH SENG KEONG & ANOR

[2017] 4 MLRH 85
High Court Malaya, Malacca
Vazeer Alam Mydin Meera J
[Civil Suit No: 22NCVC-35-07-2015]
Vazeer Alam Mydin Meera J

Company Law : Directors - Fiduciary duty - Breach of - Plaintiff claimed 1st defendant breached fiduciary duty as a director of plaintiff - Whether 1st defendant a director who owed a fiduciary duty to plaintiff - Whether 1st defendant breached his duties to plaintiff - Whether 1st defendant was alter ego of 2nd defendant - Whether 1st defendant had used 2nd defendant to trade and sabotage plaintiff 's business - Whether plaintiff had proven damages arising from 1st defendant's breach of duties

This was the plaintiff's claim against the defendants based on the following pleaded cause of action: that the 1st defendant had committed various misconducts whilst employed by the plaintiff as its Director and General Manager; that the 1st defendant had committed acts of sabotage and/ or conspiracy against the plaintiff; that the 1st defendant had utilised and/ or wrongfully used trade secrets and confidential information owned by the plaintiff; and that the 1st defendant in conflict of interest had transacted business using the 2nd defendant. Accordingly, the issues to be decided were, whether the 1st defendant was a Director who owed a fiduciary duty to the plaintiff; whether the 1st defendant had breached his duties to the plaintiff; whether the 1st defendant was the alter ego of t

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