Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Custody of seized evidence
  • 3 Oct 2023

    WA-22IP-42-07/2020 (Mahkamah Tinggi)

    Citation
    WA-22IP-42-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22IP-42-07/2020 (Mahkamah Tinggi)

    The Plaintiffs’ application was dismissed because paragraph 10(i) of the APO unambiguously required the Supervising Solicitors to keep custody of data and devices until final disposal; the Plaintiffs’ proposed relief would effectively amend the sealed APO and does not fall within the limited exceptions permitting variation of a final order under the doctrine of functus officio; the Plaintiffs failed to demonstrate sufficient grounds to justify releasing custody or unsupervised access, therefore the court refused to vary the APO and dismissed the application.