Lee Yik Chieh & Ors v OTL Asia Sdn Bhd

Appellant(s):

• Lee Yik Chieh
• Soh Chin Yin
• Euroasia Total Logistics (M) Sdn. Bhd.

Respondent(s): OTL ASIA SDN. BHD. (dahulunya dikenali sebagai CKE TRANSPORT AGENCY SDN. BHD.)

• YA Dato' Lee Swee Seng
• YA Datuk Azhahari Kamal bin Ramli
• YAA Datuk Seri Utama Wan Ahmad Farid Bin Wan Salleh

• The first and second appellants, former employees of the respondent (a logistics company), allegedly downloaded and extracted the respondent's confidential information (CIAD) shortly before or after their resignations.
• The third appellant, a competing company, was incorporated by the first appellant while still employed by the respondent, and the second appellant joined it shortly after leaving the respondent.
• The respondent initiated a claim against the appellants for breach of confidence and conspiracy to injure, alleging the use of CIAD to benefit the third appellant and poach customers.

• Whether the respondent had established the third element for the tort of breach of confidence, namely, unauthorised use of confidential information to the detriment of the communicating party.
• Whether the trial judge erred in applying a "modified approach" to the burden of proof for breach of confidence, potentially shifting the burden to the appellants.
• Whether the respondent had successfully proven the elements for the tort of conspiracy to injure, including an agreement to injure, acts carried out in accordance with that agreement, and resulting loss.

• The Court of Appeal affirmed the High Court's decision, dismissing the appeal with costs.
• The Court found no plain error in the trial judge's inference of unauthorised use of confidential information, considering the close proximity of the CIAD extraction/downloading to the appellants' departure and the establishment of the competing company.
• The Court clarified that while the "modified approach" from *I-Admin (Singapore)* is relevant to the evidential burden, the primary burden of proof for breach of confidence remains with the plaintiff, which the trial judge had correctly applied.
• The Court upheld the finding of conspiracy to injure, noting the appellants' use of the respondent's proprietary system features in their new company's marketing, their representation of experience gained from the respondent, and the immediate financial detriment suffered by the respondent.