Asia Business Forum v. Long Ai Sin: Employee Duties & Confidentiality
Asia Business Forum Pte Ltd sued Long Ai Sin and Pacific Conferences Pte Ltd in the High Court of Singapore, alleging that Long Ai Sin, a former employee, disclosed confidential information and trade secrets to Pacific Conferences. Asia Business Forum sought injunctions, delivery up of documents, damages, or an account of profits. The court, presided over by Justice Kan Ting Chiu, dismissed the action, finding that Asia Business Forum failed to provide sufficient evidence that the defendants had or used the information.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Action dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Asia Business Forum sued a former employee, Long Ai Sin, and her company for allegedly using confidential information. The court dismissed the action, finding insufficient evidence of misuse.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Asia Business Forum Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Dismissed | |
| Long Ai Sin | Defendant | Individual | Judgment for Defendant | Won | |
| Pacific Conferences Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
4. Facts
- Asia Business Forum is a conference producer since 1992.
- Long Ai Sin was employed by Asia Business Forum as a Conference Producer in January 1995 and left in September 1999.
- Long Ai Sin produced a conference in August 2001 through Pacific Conferences Pte Ltd.
- Asia Business Forum claimed Long Ai Sin disclosed confidential information and trade secrets to Pacific Conferences.
- Asia Business Forum defined trade secrets as its training manual and confidential information as its database of speakers and delegates.
- The plaintiff did not prove that the defendants have the information or have used it.
5. Formal Citations
- Asia Business Forum Pte Ltd v Long Ai Sin and Another, Suit 949/2002, [2003] SGHC 187
6. Timeline
| Date | Event |
|---|---|
| Asia Business Forum Pte Ltd started business. | |
| Long Ai Sin was employed by Asia Business Forum as a Conference Producer. | |
| Long Ai Sin was promoted to Conference Group Manager. | |
| Long Ai Sin left Asia Business Forum. | |
| Long Ai Sin produced the first conference through Pacific Conferences Pte Ltd. | |
| Suit filed by Asia Business Forum Pte Ltd. | |
| Judgment issued. |
7. Legal Issues
- Breach of Confidence
- Outcome: The court found that the plaintiff did not provide sufficient evidence that the defendants had or used the confidential information or trade secrets.
- Category: Substantive
- Sub-Issues:
- Disclosure of confidential information
- Misuse of trade secrets
- Post-Employment Duties
- Outcome: The court acknowledged the enduring duty of an ex-employee not to use or disclose his former employer’s information which can properly be classed as a trade secret.
- Category: Substantive
- Sub-Issues:
- Employee's duty of confidentiality after leaving employment
- Protection of trade secrets
8. Remedies Sought
- Permanent Injunctions
- Delivery Up of Documents
- Damages
- Account of Profits
9. Cause of Actions
- Breach of Confidence
- Misuse of Trade Secrets
10. Practice Areas
- Commercial Litigation
11. Industries
- Conference Production
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Faccenda Chicken Ltd v Fowler | Court of Appeal | Yes | [1986] 3 WLR 288 | England and Wales | Cited for the enduring duty of an ex-employee not to use or disclose his former employer’s information which can properly be classed as a trade secret. |
| Tang Siew Choy & Ors v Certact Pte Ltd | Court of Appeal | Yes | [1993] 3 SLR 44 | Singapore | Cited for the duty of an employee to protect his employer’s information. |
| Sir W C Leng & Co Ltd v Andrews | High Court | Yes | [1909] 1 CH 763 | England and Wales | Cited for the principle that an employer cannot prevent his employee from using the skill and knowledge in his trade or profession which he has learnt in the course of his employment. |
| Herbert Morris Ltd v Saxelby | House of Lords | Yes | [1916] AC 688 | England and Wales | Cited to endorse the principle that an employer cannot prevent his employee from using the skill and knowledge in his trade or profession which he has learnt in the course of his employment. |
| Commercial Plastics Ltd v Vincent | Queen's Bench | Yes | [1964] 1 QB 623 | England and Wales | Cited for the principle that a company’s scheme of organisation and methods of business are not counted as trade secrets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Conference Producer
- Trade Secrets
- Confidential Information
- Training Manual
- Database
- Post-Employment Duties
15.2 Keywords
- Employment Law
- Trade Secrets
- Confidentiality
- Conference
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment Law | 85 |
| Breach of Confidence | 75 |
| Trade Secrets | 70 |
| Inducement of Breach of Contract | 40 |
| Contract Law | 30 |
| Commercial Disputes | 25 |
| Injunctions | 20 |
16. Subjects
- Employment
- Intellectual Property
- Trade Secrets
- Confidentiality