SIT CHEW YEE v MAXIS BROADBAND SDN BHD

wa-24ncvc-2443-07-2024 High Court (Mahkamah Tinggi) 22 September 2024 • WA-24NCvC-2443-07/2024 • 5 min read

Catchwords

Pre-action discovery application – Order 24 rule 7A Rules of Court 2012 – Application for telecommunications company to produce documents showing the location of a mobile phone bearing a specific number – Plaintiff was not subscriber of that phone number – No nexus between Plaintiff and Defendant – No cause of action against the Defendant – Location of a mobile phone does not prove the location of the subscriber or owner of the mobile phone – A Subscriber Identity Module card (SIM card) may be inserted into any mobile phone, not permanently implanted in the head or body of the subscriber – Order 24 rule 8 Rules of Court 2012 – Applications for discovery order that are unnecessary ought to be dismissed

Practice Areas

Civil Procedure

Judges (1)

Gan Techiong Delivered

Counsel (4)

Richard Kok Firm Sanjay Mohan Firm Himin Ng Counsel Defendant Ho Yi Hun Counsel Plaintiff

Parties (2)

MAXIS BROADBAND Sdn Bhd Respondent Sit Chew Yee Applicant

Statutes Cited

Rules of Court 2012

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncvc-2443-07-2024)