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2024 MarsdenLR 1040

COURT OF APPEAL PUTRAJAYA
MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION & ORS – Appellant
Versus
NUEMERA (M) SDN BHD – Respondent


Petitioner Advocates:Saritha Devi Kirupalani,Nur Ainnabila Rosdi ,Respondent Advocate: Liew Teck Huat,Ong Kang Nyong,Kathleen Samantha George

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


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