IEM SA v FLOWBIRD MALAYSIA SDN BHD

w-02ncvcw-740-05-2024 Court of Appeal (Mahkamah Rayuan) 5 November 2025 • W-02(NCvC)(W)-740-05/2024 • 43 min read
20 cases cited (0 SG, 20 foreign)

Catchwords

These were related appeals involving allegations of breach of fiduciary duty and misuse of confidential information. The Respondent, Flowbird (formerly known as Cale Malaysia Sdn Bhd), alleged that its former employees, Alain Taher Osterlind and Rafizuddin, had disclosed its confidential information to IEM, a Swiss-incorporated company engaged in a similar business. The information was allegedly used by IEM to secure parking solution projects in New Zealand, Indonesia, and Malaysia. The learned Judicial Commissioner found in favour of Flowbird. On appeal, the Court of Appeal upheld the findings of the High Court, holding that the evidence established the misuse of confidential information and breach of fiduciary duty by Rafizuddin and IEM.

Practice Areas

These were related appeals involving allegations of breach of fiduciary duty and misuse of confidential information. The Respondent, Flowbird (formerly known as Cale Malaysia Sdn Bhd), alleged that its former employees, Alain Taher Osterlind and Rafizuddin, had disclosed its confidential information to IEM, a Swiss-incorporated company engaged in a similar business. The information was allegedly used by IEM to secure parking solution projects in New Zealand, Indonesia, and Malaysia. The learned Judicial Commissioner found in favour of Flowbird. On appeal, the Court of Appeal upheld the findings of the High Court, holding that the evidence established the misuse of confidential information and breach of fiduciary duty by Rafizuddin and IEM.

Judges (3)

Alwi bin Abdul Wahab Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (6)

Lim Chee Wee Partnership Firm Shearn Delamore & Co. Firm K. Shanti Mogan Counsel Respondent Lee Shih Counsel Appellant Lee Suan Cui Counsel Appellant Yiew De Quan Counsel Respondent

Parties (2)

FLOWBIRD MALAYSIA Sdn Bhd Respondent Iem Sa Appellant

Case Significance

IEM SA v FLOWBIRD MALAYSIA SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated November 5, 2025 (citation: w-02ncvcw-740-05-2024). <p>IEM SA, a Swiss parking solutions company, appealed the High Court's finding that it misused confidential information belonging to Flowbird Malaysia (formerly Cale Malaysia) disclosed by former employees. The Court of Appeal upheld the High Court's decision, finding that the evidence established the misuse of confidential information and breach of fiduciary duty by IEM and the former employee Rafizuddin.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: K. Shanti Mogan (counsel for respondent), Lee Shih (counsel for appellant), Lee Suan Cui (counsel for appellant), Yiew De Quan (counsel for respondent).

Summary

IEM SA, a Swiss parking solutions company, appealed the High Court's finding that it misused confidential information belonging to Flowbird Malaysia (formerly Cale Malaysia) disclosed by former employees. The Court of Appeal upheld the High Court's decision, finding that the evidence established the misuse of confidential information and breach of fiduciary duty by IEM and the former employee Rafizuddin.

What was the outcome of IEM SA v FLOWBIRD MALAYSIA SDN BHD?

<p>IEM SA, a Swiss parking solutions company, appealed the High Court's finding that it misused confidential information belonging to Flowbird Malaysi...

Statutes Cited

Companies Act 2016 (Cap 777)
Evidence Act 1950 (Cap 56)
s 58

Cases Cited (20)

UK (3)
[1965] 1 WLR 1293 [1967] 2 All ER 415 [2014] 1 WLR 2600
MY (17)
[1964] MLJ 92 [1965] 2 MLJ 151 [1976] 1 MLJ 151 [1994] 3 MLJ 777 [1996] 3 CLJ 163 [2010] 5 CLJ 32 [2010] 8 MLJ 297 [2011] 2 MLJ 597 [2015] MLJ 222 [2016] 3 CLJ 676 [2016] 5 MLJ 91 [2016] 7 CLJ 380 [2020] 10 CLJ 1 [2021] 5 MLJ 435 [2021] 7 MLJ 419 [2023] 11 MLJ 581 [2024] 10 CLJ 432