ATE SOLUTION SDN. BHD. PHARN KAI YEE

ATE SOLUTION SDN. BHD. PHARN KAI YEE

The High Court allowed the appeal in relation to the expungement: the 51 documents are relevant to the plaintiff's claim that the defendant set up a competing business and breached fiduciary duties; even if the documents were obtained improperly, in civil proceedings admissibility turns on relevancy and not the manner of acquisition, and failure to use discovery procedures or to specify affidavit sources affects evidential weight and procedure rather than mandating exclusion; accordingly the Sessions Court's expungement order (except as to costs) was set aside.

Citation
BA-12ANCC-23-08/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ATE Solution Sdn. Bhd.; Respondent/defendant: Pharn Kai Yee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2024
Case Number
BA-12ANCC-23-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil / Interlocutory Appeal (high Court Review of Sessions Court Expungement)
Outcome
Appeal allowed in part; Sessions Court order expunging the 51 documents set aside except for the decision on costs which remain costs in the cause.
Legal Topics
Director Duties, Admissibility of Illegally Obtained Documents, Discovery and Interrogatories, Expungement of Evidence, Weight of Affidavit Evidence
Source Language
Malay/English
Company Law Evidence Civil Procedure Fiduciary Obligations Director Duties Admissibility of Illegally Obtained Documents Discovery and Interrogatories Expungement of Evidence +1 more

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Parties

ATE Solution Sdn. Bhd.

Appellant/plaintiff

Pharn Kai Yee

Respondent/defendant

Procedural Posture

Civil / Interlocutory Appeal (high Court Review of Sessions Court Expungement)

Legal Issues

  1. 1 Whether the 51 documents were obtained illegally
  2. 2 If illegally obtained, whether they remain admissible in civil proceedings
  3. 3 Whether the documents are relevant to the plaintiff's claims (breach of fiduciary duties)

Ratio Decidendi

The High Court allowed the appeal in relation to the expungement: the 51 documents are relevant to the plaintiff's claim that the defendant set up a competing business and breached fiduciary duties; even if the documents were obtained improperly, in civil proceedings admissibility turns on relevancy and not the manner of acquisition, and failure to use discovery procedures or to specify affidavit sources affects evidential weight and procedure rather than mandating exclusion; accordingly the Sessions Court's expungement order (except as to costs) was set aside.

Court Disposition

Appeal allowed in part; Sessions Court order expunging the 51 documents set aside except for the decision on costs which remain costs in the cause.

Orders

  • Order expunging 51 plaintiff documents set aside
  • Costs: costs in the cause