LAW Partnership celebrates its recent Federal Court victory, successfully reinstating an Anton Piller Order (“APO”) that was overturned by the Court of Appeal on 6.7.2023. 

The Federal Court appeals centred on reinstating a previously granted APO, secured by our Clients (the “Appellants”) in 2021. The Court of Appeal had overturned the APO citing non-compliance and failure to disclose material facts.   

The question of law posed was – where an Anton Piller Order has been executed and is spent, whether a finding of improper execution of the Anton Piller Order or a finding of non-disclosure should result in (a) an order setting aside the Anton Piller Order or (b) an order for enforcement of the applicant’s undertaking as to damages?   

The Federal Court ruled in favour of the Appellants, stating that an executed APO would only be set aside if the non-compliance had caused injustice, prejudice and/or adversely impacted the interests of the Respondents.   

Regarding non-disclosure, the court clarified that proof of copyright ownership is not limited to a Statutory Declaration under Section 42 of the Copyright Act 1987, especially in interim stages.  Thus, the Court held that the non-disclosures were not material for the setting aside of the APO.   

This significant victory at the Federal Court was led by our Dispute Resolution Partner Suaran Sidhu and supported by SKRINE Partner Khoo Guan Huat as Counsel.   

Appeal No. 02(i)-67-12/2023(W) (N2N Connect Berhad & 4 others v. Chua Tiong Hoong & 2 others); and Appeal No. 02(i)-68-12/2023(W) (N2N Connect Berhad & 4 others v. Shyam Sundar Rayudu & anor).