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2025 MarsdenLR 615

COURT OF APPEAL PUTRAJAYA
LIM TUCK SUN – Appellant
Versus
CELCOM MALAYSIA BERHAD & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:David Thomas Mathew,Kenneth Koh Zhong Wey,Poon Wei Ying,Koh Jo Vin ,Respondent Advocate: Saresh Mahendaren

JUDGMENT

Mariana Yahya JCA:

Introduction

[1] These are 2 appeals heard together before this Court , namely Civil Appeal No W-02(IM)-154-01/2023 ("Appeal 154") and Civil Appeal No W-02(IM)-155-01/2023 ("Appeal 155").

[2] Appeal 154 is related to an application to recuse the Learned High Court Judge (Learned HCJ) from hearing and disposing of the Application to Intervene and Expunge, and is referred to as the "Recusal Application."

[3] Appeal 155 is related to an application for leave to intervene ("Intervention Application") and thereafter, to expunge ("Expunction Application") parts of the Learned HCJ's Judgment (Doctored Video Clip) dated 18 February 2022 ("Impugned Judgment"). These applications are collectively referred to as the "Application to Intervene and Expunge."

[4] The two applications are collectively referred to as the "Applications (2 NAs)". The Applications (2 NAs) were heard and disposed of by the Learned HCJ on 30 December 2022, with the grounds of judgment delivered on 20 June 2023 ("the Applications (2 NAs) Judgment").

[5] It is pertinent to note that the Learned HCJ, despite dismissing the Intervention Application, decided to hear the merits of the Application to In

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