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2023 MarsdenLR 592

HIGH COURT MALAYA KUALA LUMPUR
N2N CONNECT BERHAD & ORS – Appellant
Versus
CHUA TIONG HOONG & ORS; GENERAL RESERVER OF DIGITAL ASSETS LTD & ORS (IN.... – Respondent


Petitioner Advocates:Khoo Guan Huat,Suaran Singh,Kok Hao Ying,Ashwinathan Selvanathan ,Respondent Advocate: Wendy Lam,Wong Jia Ee,R Ramani,R Himahlini

Table of Content
1. ex-parte applications can lead to significant impacts on the defendants' rights. (Para 1 , 2 , 3 , 4)
2. claims of irreparable harm must be substantiated to support an anton piller order. (Para 5 , 6 , 7 , 8)
3. principles of disclosure are critical in ex-parte applications. (Para 10 , 11 , 12 , 13 , 14)
4. inferences may be drawn regarding the likelihood of evidence destruction. (Para 15 , 16 , 18 , 19)
JUDGMENT

Mohd Radzi Harun J:

Background

[1] On 2 April 2021, this Court had allowed the ex-parte application by the Plaintiffs which include an Anton Pillar Order allowing the Plaintiffs to enter and search the Defendants' premises for specific purposes.

[2] Chua Tiong Hoong, Finevo Technology Sdn Bhd and AK Partner Hybrid Connect Sdn Bhd, the 1st, 5th and 6th Defendants, collectively filed an application (encl 77) to set aside the said ex-parte Order. Shyam Sundar and Wong Voon Fui, the 3rd and 4th Defendants respectively, filed a similar application collectively in encl 90 to set aside the same ex-parte Order.

[3] Both applications were heard at the same time and were dismissed by this Court, hence the two appeals.

[4] Due to the shared background facts involving the par

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