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2025 MarsdenLR 3322

HIGH COURT MALAYA KUALA LUMPUR
ITS TESTING SERVICES (M) SDN BHD – Appellant
Versus
DP FLUITEQ SDN BHD & ORS – Respondent


Petitioner Advocates:Joshua Teoh,Jasmine Sia Wan Jin ,Respondent Advocate: S. Raven,Danial Hazizan

Adlin Abdul Majid J:

A. Introduction

[1] The plaintiff filed two applications for discovery:

a. The first application, in encl 5, is an application under O 24 rr 3 and/or 7 of the Rules of Court 2012 (" ROC 2012") for discovery against the defendants; and

b. The second application, in encl 7, is an application under O 24 r 7A of the ROC 2012 for discovery against a third party, Carigali-PTTEPI Operating Company Sdn Bhd ("CPOC")

(collectively, the "Discovery Applications").

[2] The Court dismissed the Discovery Applications, for the reasons set out below.

B. Background Facts

[3] The 2nd, 3rd and 4th defendants were former employees of the plaintiff. The 2nd and 3rd defendants incorporated the 1st defendant, and are its directors and shareholders.

[4] The plaintiff claimed that sometime in August 2023, it became aware that its client, CPOC, had engaged the 1st defendant to provide, inter alia, water analysis and microbial monitoring solution related services. These are services provided by the plaintiff.

[5] It is the plaintiff's contention that the 2nd to 4th defendants had unlawfully used and exploited the following confidential information of the plaintiff ("Confidential Information") f

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