JUDGMENT

Eddie Yeo Soon Chye JC:

[Encl 74: Protective Order]

The Application

[1] This is an application by the defendant pursuant to s 15(1) and 15(2) of the Courts of Judicature Act 1964 (Act 91) O 34 rr 1(1)(b), r 7, O 38 r 1 Rules of 2012 and/or O 92 r 4 Rules of 2012 and/or this Court 's inherent jurisdiction for the following Orders:

(a) There shall be no publication or reporting of any details in the media and/or social media relating to the proceedings, identities of the parties, details of the parties, identities of the witnesses and/or details of the witnesses without leave of Court .

(b) The proceedings of this action be heard in camera to the exclusion of any member of the media, member of the public, journalist and/or any individual who is not directly taking part in the proceedings.

(c) The recordings of the proceedings in camera shall only be transcribed by a transcriber who is subject to a strict non-disclosure and confidentiality agreement to not disclose any of the information pertaining to the proceedings to any individual unless with leave of this Court .

(d) The transcript and the recording of the proceedings be treated as confidential information and only be given to the parties in the proceedings and/or their solicitors.

(e) Save and except for the parties and their solicitors, all cause papers, affidavits and supporting documents filed in these proceedings shall be sealed and be made inaccessible to any third party save with leave of this Court .

(f) Save where directed otherwise by this Court , all documents and/or papers in these proceedings shall be kept confidential and shall not be disclosed to, be accessible to and/or be made available to any person apart from this Court , the parties, the witnesses and/or parties' solicitors who are directly taking part in these proceedings.

(g) Costs of this application be made costs in the cause.

(h) Nothing in the Order made shall affect any communication between parties and their solicitors.

(i) Form 83 of the Rules of 2012 (the Penal Notice) be endorsed on the Order to be granted herein pursuant to O 45 r 7 (4) of the Rules of 2012.

(j) Parties be at liberty to apply.

Grounds Of This Application

[2] The grounds in support of this Notice of Application (Encl 74) as reflected in the defendant's Affidavits in Support affirmed by Dato' Seri Thai Kim Sim filed are as follows:

(a) The issues to be adjudicated vide these proceedings revolve around sensitive and private issues related to the familial and marital relationship of one of the defendant's key witnesses.

(b) The legal action herein is not a litigation involving public interest. To the contrary, the familial relationship, dignity and the marriage of the defendant take centre stage in the legal action herein. Therefore, there is no utility and it is not in the interests of justice that these delicate, private and personal matters to be adjudicated in public for public scrutiny.

(c) In the course of the proceedings:

(i) private and personal matters pertaining to the decency and/or chastity of the litigant(s) and/or witnesses are likely to be examined.

(ii) witnesses' testimonies about their private, sensitive and/or intimate personal history/private lives are likely to be tendered and examined.

(d) Witnesses may be subject to unnecessary embarrassment, ridicule and/or social stigma in the event the Orders prayed herein are not granted and the witnesses are required to testify about their private, sensitive and/or intimate personal history/private lives.

(e) Witnesses may be deterred from testifying before this Court in the event the Orders prayed herein are not granted; if compelled to testify, there is a material risk that the witnesses may turn hostile and/or uncooperative, thereby depriving litigants of the right to fair trial and/or defeating interest of justice.

(f) Parties and witnesses in these proceedings are/were of substantial social and/or commercial standing.

(i) The Defendant is a prominent business figure, l