IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Case No.: HC/XXX/2019

Between

BLUE CURTAIN PTE LTD

(UEN. 199902343Z)

…Plaintiff

And

1. RED CURTAIN SA
(Switzerland Registration No.
558.0.258.75-6)

2. JIM TAN
(Malaysian Passport No. F340193J)

3. ANDREY JACKSON
(ID To Be Advised)

…Defendants

STATEMENT OF CLAIM
1. The Plaintiff is and was at all material times a Singapore-incorporated company. The Plaintiff
is in the business of purchasing high quality textiles from suppliers and selling them to curtain
manufacturers.

2. The 1st Defendant is and was at all material times a company incorporated in Switzerland. The
1st Defendant’s businesses include buying and selling high quality textiles to curtain
manufacturers.

3. The 2nd Defendant is a former employee of the Plaintiff. His employment with the Plaintiff
commenced on 2 January 2002 and terminated on 1 March 2019.

4. The 3rd Defendant is also a former employee of the Plaintiff. His employment with the Plaintiff
commenced on 3 March 2009 and terminated on 1 May 2019.

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The 2nd Defendant’s Employment at the Plaintiff
5. The 2nd Defendant entered into an employment contract (“2nd Defendant’s Employment
Contract”) with the Plaintiff on 2 January 2002.

6. Clause 9 of the 2nd Defendant’s Employment Contract is as follows:

“9 You shall not, within the Prohibited Territories and for the Non-Compete Period, whether
on your own behalf or in conjunction with or on behalf of any person, directly or indirectly do
or attempt to do any of the following:
(a) carry on, invest in, be employed by, provide services to, or otherwise assist or be interested
in a Restricted Business;
(b) entice, induce or encourage a Client to transfer or remove business from the Company or
solicit or accept business from a Client; and
(c) entice, induce or encourage an Employee to leave his or her employment with the Company
to be involved in a Restricted Business.
For the purpose of this clause, the term “Prohibited Territories” shall mean Singapore,
Indonesia, Malaysia and Vietnam, the term “Non-Compete Period” shall mean a period of 2
years starting from the date of termination of your employment with us, the term “Restricted
Business” shall mean the business of selling textiles to curtain manufacturers and the term
“Client” shall mean a client or customer of the Company.”

7. The 2nd Defendant was first employed at the Plaintiff as a Sales Associate. His job at that time
was to carry out sales of high-quality textiles to clients in Singapore and Malaysia.

8. The 2nd Defendant was promoted to Sales Manager on 2 January 2005. After the promotion,
the 2nd Defendant was responsible for sales in Singapore, Malaysia and Indonesia.

9. Due to stellar performance, the 2nd Defendant was promoted to Senior Sales Manager with
effect from 9 January 2010. This was the highest ranking sales job in the company. The 2nd
Defendant reported directly to the Chief Executive Officer and attended all senior management
meetings.

10. The 2nd Defendant had very close contact with Blue Curtain’s clients from the very beginning
of his employment. He knew the top procurement managers in all of Blue Curtain’s clients on
a first-name basis. He also always had access to Blue Curtain’s price lists.

11. On 2 December 2018, the 2nd Defendant tendered his notice of resignation by way of a letter
dated the same day. When asked what his plans were, the 2nd Defendant said that he had another
job lined up and that he would be doing “pretty much the same thing”.
The 3rd Defendant’s Employment at the Plaintiff

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12. The 3rd Defendant entered into an employment contract (“3rd Defendant’s Employment
Contract”) with the Plaintiff on 3 March 2009.

13. Clause 7 of the 3rd Defendant’s Employment Contract is as follows:

“7 You shall not, within the Prohibited Territories and for the Non-Compete Period, whether
on your own behalf or in conjunction with or on behalf of any person, directly or indirectly do
or attempt to do any of the following:

(a) carry on, invest in, be employed by, provide services to, or otherwise assist or be interested
in a Restricted Business;

(b) entice, induce or encourage a Client to transfer or remove business from the Company or
solicit or accept business from a Client; and

(c) entice, induce or encourage an Employee to leave his or her employment with the Company
to be involved in a Restricted Business.

For the purpose of this clause, the term “Prohibited Territories” shall mean Singapore, and
Malaysia, the term “Non-Compete Period” shall mean a period of 2 years starting from the
date of termination of your employment with us, the term “Restricted Business” shall mean
the business of selling textiles to curtain manufacturers and the term “Client” shall mean a
client or customer of the Company.”

14. The 3rd Defendant was recruited by the 2nd Defendant. The 3rd Defendant started as a Trainee
Sales Executive, and after a 3-month probation period was promoted to Sales Executive.

15. On 4 March 2013, the 3rd Defendant was promoted to Senior Sales Executive. He had 6 Sales
Executives reporting to him. His team was responsible for sales in Malaysia and Singapore.

16. The 3rd Defendant always had close contact with all the Malaysian clients (as well as the
Singapore clients following his promotion). He knew all the procurement managers personally
and regularly made trips to meet them personally, and also had their personal mobile phone
numbers. Andrey also had access to all pricing information.

17. On 2 February 2019, the 3rd Defendant tendered his notice of resignation.

18. During his exit interview on 29 April 2019, the 3rd Defendant told the Human Resource
Director, Mr. Jason Raj, that the 2nd Defendant asked him to join the 2nd Defendant on a “new
project”.

19. The 3rd Defendant’s employment with the Plaintiff terminated on 1 May 2019.
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Breach of Contract
20. Sometime in June 2018, the 2nd Defendant, in breach of clause 9 of the 2nd Defendant’s
Employment Agreement, commenced employment with the 1st Defendant. His present
appointment at the 1st Defendant is that of Sales Director, South East Asia.

21. Sometime in July 2019, the 3rd Defendant, in breach of clause 7 of the 3rd Defendant’s
Employment Agreement, commenced employment with the 1st Defendant. His present
appointment at the 1st Defendant is Associate Sales Director, Malaysia.

22. The 1st Defendant is engaged in the same business as the Plaintiff and is the Plaintiff’s
competitor.

23. By reasons of the foregoing, the Plaintiff has suffered loss and damage.

Unlawful Means Conspiracy

24. The 1st, 2nd and 3rd Defendants conspired that the 2nd and 3rd Defendants would commence
employment with the 1st Defendant and divert clients from the Plaintiff to the 1st Defendant.

25. Both Great Curtains Sdn Bhd and P.T. Royal Curtains, clients of the Plaintiff, have ceased to
place orders with the Plaintiff and instead placed orders with the 1st Defendant.

26. By reasons of the foregoing, the Plaintiff has suffered loss and damage.

AND THE PLAINTIFF CLAIMS AGAINST THE 1ST, 2ND AND 3RD DEFENDANTS
1) Damages;

2) Interest;

3) Costs; and

4) Such further and/or other relief this Honourable Court deems fit to award.
Dated this 9th day of September 2019.