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COURT OF APPEAL (PUTRAJAYA)
MARIANA YAHYA, HASHIM HAMZAH, FAIZAH JAMALUDIN, JJ
Lim Tuck Sun – Appellant
Versus
Celcom (M) Bhd & Ors and another – Respondent


Advocates:
David Thomas Mathew (with Kenneth Koh Zhong Wey, Poon Wei Ying and Koh Jo Vin) (Xavier & Koh Partnership) for the appellant.
Saresh Mahendaren (Shearn Delamore & Co) for the first and second respondents.
Tobias Lim Koon Li (Lim Kian Leong & Co) for the third and fourth respondents.
Wong Han Wey (with Dyana Parmar) (Lee Hishammuddin Allen & Gledhill) for the 12th respondent.
Ranjit Singh (with Nicholas Yap) (Ranjit Singh & Yeoh) amicus curiae for the Malaysian Bar.

[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 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 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 18.2.2022 (“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 30.12.2022 with the Grounds of Judgment delivered on 20.6.2023 (“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 Intervene and Expunge, and also the Recusal, and dismissed the same. Both Applications

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