The court affirmed the High Court's decision to allow the joinder of additional defendants, finding it necessary for complete adjudication without causing undue prejudice.

JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] Enclosure 53 dated 13 February 2024 is the Appellants/Defendants Notice of Appeal to this Honourable Court against the decision of the Kuala Lumpur High Court Civil Suit No WA-22NCVC-138-03/2023 delivered on 18 January 2024 in allowing the Respondent's/Plaintiff Notice of Application dated 14 June 2023 (Enclosure 10) to join the 6th (Chief Operating Officer) and 7th Defendant (Chief Legal Officer) of the 1st Defendant as parties to the Suit in the High Court ("Joinder Application").

[2] For convenience, we will refer to the 'Appellants' as the '1st to 5th Defendants' and the 'Respondent' as the 'Plaintiff'.

Chronology Of Events

(a) 25 March 2023

The Plaintiff filed this Suit vide Writ and Statement of Claim dated 25 March 2023 against 1st Defendant and 4 other individuals, comprising of current and former officers of the 1st Defendant. The Plaintiff's claims against the Defendants are premised on the following causes of action:

(a) misfeasance in public office;

(b) wrongful interference of trade; and

(c) lawfulness of the termination of the Public Cellular Blocking Service Agreement dated 3 May 2013 ("PCBS Agreement") entered into between the 1st Defendant and the Plaintiff.

(b) 11 May 2023

During the case management of the Suit, the Defendants obtained an extension of time until 18 May 2023 to file and serve their Defence and Counterclaim.

(c) 18 May 2023

The Defendants filed the Defendants' Defence and Counterclaim dated 18 May 2023 denying the Plaintiff's allegations above and pleaded among others, that:

(a) The PCBS Agreement which was suspended vide the 1st Defendant's letter dated 26 January 2018 was not renewed upon its expiry on 31 December 2018 as the Plaintiff failed to comply with its obligations under the PCBS Agreement;

(b) The Plaintiff's breaches of the PCBS Agreement include, the failure to ensure the safety of the subscribers' data under its control and custody pursuant to the PCBS Agreement, which caused a data leak;

(c) The data leak must have been caused by the Plaintiff; and

(d) The Plaintiff had been paid a sum of RM328,410,870.00 by the 1st Defendant under the PCBS Agreement, despite the Plaintiff causing the leak of the composite subscribers' data in the custody of the Plaintiff pursuant to the PCBS Agreement.

(d) 24 May 2023

The Plaintiff had requested for an extension of time of 8 weeks i.e. by 23 July 2023 to file their Reply to the Defence and Defence to the Counterclaim vide the Plaintiff's solicitors letter dated 24 May 2023. There was no mention of any proposed joinder application made in this Plaintiff's solicitors' letter.

(e) 25 May 2023

The Defendants had rejected the Plaintiff's request above, as the mutual agreement between the parties was for the Respondent to have as much time as the Defendants had to file their Defence and Counterclaim i.e. 3 weeks additional time. Thus, the Defendants had agreed to grant the Plaintiff an extension of time until 22 June 2023 (3 weeks additional time) for the Plaintiff to file their Reply to the Defence and Defence to the Counterclaim, as communicated to the Plaintiff vide the Defendants' solicitors letter dated 25 May 2023.

(f) 6 June 2023

During the case management of the Suit, the Plaintiff then informed the High Court that they will be filing an application to amend the Writ and Statement of Claim and to join new parties to the Suit.

(g) 14 June 2023

The Plaintiff applied via encl 10 for leave to amend the Writ and Statement of Claim under O 15 r 6 and/or O 20 r 52 of the Rules of 2012 where they sought to add the 6th and 7th Defendants as parties to the Suit.

(h) 18 January 2024

The Joinder Application was heard before the learned Judicial Commissioner who had allowed the same against which the 1st to 5th Defendants now appeal.

Law On Joinder Of Parties

Order 15 r 6(2)(b) Rules of 2012

"Misjoinder and non-joinder of parties (O 15 r 6)

(2) Subject to this rule, at any stage of the proceedings in any cause or matter, the Court