JUDGMENT

See Mee Chun J:

[1] The plaintiff's case flows from a cover letter dated 28 May 2008 sent from Prime Minister's Department (PMD) (B-26-27) addressed to three telecommunication companies (telcos) including the defendant. In para 2 of the letter it was stated that the plaintiff had proposed the telcos "mengadakan Polisi Insuran Kemalangan Persendirian (Personal Accident Insurance Policy) yang dinamakan MyPA ... Keterangan lanjut tentang MyPA diterangkan di dalam Concept Paper on MyPA for the Nation Program An Expression of Gesture towards Nation Building yang disertakan bersama-sama dengan surat iringan ini.". Plaintiff states a confidentality agreement (CA, B-28) and Concept Paper (CP, B-29-31) were attached to PMD's letter. As reported in the Star dated 11 September 2008 (B-239) the defendant launched its free personal coverage scheme which the plaintiff claims to be similar to that in its CP. The plaintiff claims general and special damages arising from the breach.

[2] Defence of the defendant was that it had been developing a scheme involving free PA by way of short messaging service (SMS), (Digi scheme) since 2007 before receipt of PMD's letter, the letter was unsolicited