HIGH COURT MALAYA KUALA LUMPUR
PAKTOR PTE LTD & ANOR – Appellant
Versus
NG SOOK EE & ORS – Respondent
[Civil Suit No: WA-22NCVC-378-06/2018]
JUDMENT
(After Full Trial)
Introduction
[1] The Plaintiffs are seeking, among other things, for the following reliefs:
(a) Damages (General, Aggravated and exemplary) damages;
(b) That the 1st to 6th Defendants and the 7th Defendant by its directors, employees, agents, and/or successors-in-title to make full disclosure of and surrender to the Plaintiff all hardcopies and softcopies of the Plaintiffs' Confidential Information (including but not limited to the Plaintiffs' clients' name, gender, email address, phone number, birth date, height, ethnicity, marital status, occupation, annual income and profile picture ("Confidential Information") and/or documents in the 1st to 7th Defendants' respective possession and/ or records within 14 days of the service of this judgment;
(c) That the 1st to 6th Defendants and the 7th Defendant by its directors, employees, agents, and/or successors-in-title, destroy and delete all hardcopy and softcopy of the Plaintiffs' Confidential Information and/or documents in the 1st to 7th Defendants' respective possession and/or records;
(d) That the 1st to 6th Defendants and the 7th Defendant by its directors, employees, agents, and/or successors-in-title, within 7 days of compliance with para 52.4 above, file and serve on the Plaintiffs an affidavit verifying:
i. The details of the Plaintiffs' Confidential Information and/or documents in the 1st to 7th Defendants' respective possession and/or records; and
ii. The details of their respective compliance with paras 52.3 and 52.4 above;
(e) That the 1st to 6th Defendants and the 7th Defendant by its directors, employees, agents, and/or successors-in-title be restrained from using, dealing, divulging or otherwise the Plaintiffs' Confidential Information and/or documents;
(f) Costs and interest.
[2] On a balance of probabilities, this Court finds that the Plaintiffs have succeeded in proving their claim. Thus, the Plaintiff's claim is allowed with costs.
Background Facts
[3] The trial took place over the course of 14 days on 8 April 2021, 11 August 2021, 1 December 2021, 13 September 2023, 14 September 2023, 15 September 2023, 18 September 2023, 19 September 2023, 20 September 2023, 12 March 2024, 13 March 2024, 14 March 2024, 15 March 2024 and 25 March 2024.
Witnesses
[4] During the trial, a total of 15 witnesses were called:
Documents
[5] These are the documents that have been marked during the trial:
Exhibits
[6] The list of exhibits is as follows:
No. Enclosure No. Document Court 's Marking 1. 57 Tax Invoice for Tan Li Ping dated 21 August 2017 to 20 November 2017 P1 2. 197 s 90A Perakuan for Tan Li Ping and Ng Sook Ee (for ID1, ID3 and ID4) P2 P2 3. 57 Tax Invoice for Ng Sook Ee dated 21 August 2017 to 20 November 2017 P3 4. 111 Maxis Subscriber Detail for Tan Li Ping and Ng Sook Ee P4 5. 111 Maxis Subscriber Detail for Ng Soo Jin P5 6. 111 s 90A Perakuan for Ng Soo Jin (for ID5) P6 7. 57 Declaration by Khor Yu Tiong P7 8. - Letter of Confirmation of Authorisation dated 23 April 2021 P9 9. - Declaration by Soh Yuen Wai P10 10. 57 Declaration by Simran Kaur a/p Jaswant Singh P11 11. 57 Declaration by Lim Kiat Kioan P12 12. 131 Email correspondence between Vincent Pang and Soh Yuen Wai P13 13. 111 Pei Yee's Name Card P14 14. - Sijil Lesen Untuk Menjalankan Urusan Agensi Persendirian for Ace Pro Investigators Sdn Bhd issued by Kementerian Dalam Negeri on 4 May 2023 P20 13. - Risikan dan Pemantauan / Private Investigator Card No KDN.S.205/642/1-2786 for Sathiaseelan a/l Chinnapayen P21 16. 57 Statutory Declaration of Vincent Pang P22 17. 197 CCM Search on D7 P23 18. - Offer Letter from Dateworks to the 1 st Defendant D33
Parties
[7] The 1st Plaintiff (P1) is a private limited company incorporated in Singapore with a registered address at 10, Anson Road, #26-04, International Plaza, Singapore 079903 and a business address at 137 Cecil Street, #06-02 Hengda Building, Singapore 069537.
[8] The 2nd Plaintiff (P2) is a private limited company incorporated in Malaysia under the Companies Act with a registered address as Unit 26¬5, Le
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