SCL SYSTEM ENTERPRISE PTE LTD & ANOR V REGALTECH (M) SDN BHD & 6 ORS
The High Court on 14.9.2015 delivered the decision, dismissed Plaintiffs’ claims against all Defendants with costs.
Crucial part of the case:-
The High Court held that the issue of fiduciary duty should be only restricted to 2nd Defendant and it is clear that 2nd Defendant did not owe any fiduciary duty toward Plaintiffs as he is neither the director nor the shareholder of the Plaintiffs. While for the issue of non-disclosure agreement, it is clear the 5th Defendant did not sign and execute the Non –Disclosure agreement. Therefore, this issue should be only restricted to 1st and 2nd Defendant. Plaintiffs failed to prove that 1st and 2nd Defendants have breached the Non-Disclosure Agreement.
There are also few issues such as conspiracy to defraud, inducement to breach the contract but Plaintiffs also failed to prove it.