JUDGMENT

[Plaintiff's Application For Discovery]

Azlan Sulaiman JC:

Introduction

[1] In September 2023, the Plaintiff filed this action against the Defendant for copyright infringement of its computer software. After unsuccessfully applying for summary judgment of its claim and to strike out the Defendant's counterclaim, after being ordered to pay RM100,000.00 as security for the Defendant's costs to the Defendant's Solicitors as stakeholder, and after filing a bundle of the documents it intended to rely on, with the trial looming the Plaintiff then filed an application for discovery against the Defendant ("Plaintiff's Application"). This Judgment explains the reasons for this Court 's decision on it.

Salient Facts

[2] The Plaintiff is software development company based in Pennsylvania, USA. It claims copyright in computer software for the design, construction, and the infrastructure industries - particularly in the areas of architecture, engineering, construction and operation - which for the purpose of this action it calls "Bentley Software". It further claims that one type of the Bentley Software is an offshore structural analysis software known as "SACS Connect Edition", which it ca