JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application by the Plaintiffs seeking leave to use documents and information obtained pursuant to an Anton Piller order in one action for various other ongoing and prospective legal proceedings, including criminal proceedings.

Background Facts

[2] On 17 March 2023, IOUPay Limited, Isentric Sdn Bhd, IOU Pay (Asia) Sdn Bhd and Datamorph Services Sdn Bhd (collectively "the Plaintiffs") commenced legal proceedings against the 1st to 4th Defendants, Kuan Choon Hsuing, Yong Yuen Yeen, Yong Yuen Nee and Aspire Project Management Sdn Bhd ("D1, D2, D3 and D4" respectively). On 29 February 2024, Edward Tan Tee Tong, Liew Jwo and Wang Ern Wei were added as the 5th, 6th and 7th Defendants respectively ("D5, D6 and D7" respectively).

[3] On 21 March 2023, the High court granted an Anton Piller Order against D1 to D4 pursuant to the Plaintiffs' ex-parte application dated 17 March 2023. Following an inter partes hearing, the Anton Piller Order was confirmed on 7 September 2023. D1 to D4 have filed an appeal against this decision in the court of Appeal (Civil Appeal No.: W-02(IM)(NCC)-1646-10/2023).

[4] The Anton Piller Order was executed at multiple locations between 24 March 2023 and 27 March 2023: at Unit 11-05 of Sunway Mont Residences, Jalan Kiara 5, Mont Kiara, Kuala Lumpur (against D1 and D2); at 23A-08 Mont Kiara Bayu, Jalan Kiara 2, Mont Kiara, 50480 Kuala Lumpur (against the D3); and at the registered address of D4.

[5] During the execution, various electronic devices and email databases were obtained from D1 to D4, including: multiple mobile phones (Samsung and Apple models), laptops (Dell, MSI and HP models), tablets (Apple iPad and Samsung models), and email databases from Google and Yahoo accounts. These devices and databases were subsequently forensically imaged into extractable and readily accessible soft-copy documents.

[6] There are currently seven ongoing civil actions involving the IOUPay group, either through its component parties or subsidiaries. These proceedings include:

a) Kuala Lumpur High court, Suit No.: WA-23NCvC-73-11/2023

b) Kuala Lumpur High court, Suit No.: WA-22NCvC489-09/2023

c) Kuala Lumpur High court, Suit No.: WA-22NCC-125-03/2023

d) Kuala Lumpur High court, Suit No.: WA-22NCC-228-05/2022

e) Kuala Lumpur High court, Suit No.: WA-22NCC-292-05/2024

f) court of Appeal, Appeal No.: W-02(IM)(NCC)-1646-10/2023

g) court of Appeal, Appeal No.: W-02(IM)(NCC)-1647-10/2023

[7] Additionally, there are ongoing criminal proceedings against D1 to D4, including foreclosure proceedings and unlawful seizure orders against D1 to D4. On 7 June 2023, seizure orders were issued by the Deputy Public Prosecutor pursuant to s 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

[8] On 19 June 2024, the Plaintiffs filed an application (Enclosure 196) seeking leave to use the documents obtained through the Anton Piller Order in these various legal proceedings. The application was served on all Defendants on 19 June 2024 (unsealed) and 21 June 2024 (sealed). The matter came up for case management on 27 June 2024, where directions were given for filing of affidavits and submissions.

[9] The application was made pursuant to Prayer 10 of the Anton Piller Order dated 7 September 2023, which provides that a Plaintiff shall be at liberty to use any information, document or item obtained from the execution of the Order for the present proceedings and, with leave of court, any other proceedings against the Defendants or third parties found to be acting in concert with them to the detriment of the Plaintiffs.

The Application In Enclosure 196

[10] The Plaintiffs' application seeks three main orders. First, they sought a consequential order and/or leave to use any information, document or item obtained from the execution of the Anton Piller Order in any cause papers, affidavits, witness statements and other relevant documents in seven specified