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2025 MarsdenLR 4769

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

Suzana Muhamad Said JC:

(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
1.57Tax Invoice for Tan Li Ping dated 21 August 2017 to 20 November 2017P1
2.197s 90A Perakuan for Tan Li Ping and Ng Sook Ee (for ID1, ID3 and ID4) P2P2
3.57Tax Invoice for Ng Sook Ee dated 21 August 2017 to 20 November 2017P3
4.111Maxis Subscriber Detail for Tan Li Ping and Ng Sook EeP4
5.111Maxis Subscriber Detail for Ng Soo JinP5
6.111s 90A Perakuan for Ng Soo Jin (for ID5)P6
7.57Declaration by Khor Yu TiongP7
8.-Letter of Confirmation of Authorisation dated 23 April 2021P9
9.-Declaration by Soh Yuen WaiP10
10.57Declaration by Simran Kaur a/p Jaswant SinghP11
11.57Declaration by Lim Kiat KioanP12
12.131Email correspondence between Vincent Pang and Soh Yuen WaiP13
13.111Pei Yee's Name CardP14
14.-Sijil Lesen Untuk Menjalankan Urusan Agensi Persendirian for Ace Pro Investigators Sdn Bhd issued by Kementerian Dalam Negeri on 4 May 2023P20
13.-Risikan dan Pemantauan / Private Investigator Card No KDN.S.205/642/1-2786 for Sathiaseelan a/l ChinnapayenP21
16.57Statutory Declaration of Vincent PangP22
17.197CCM Search on D7P23
18.-Offer Letter from Dateworks to the 1 st DefendantD33

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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