Is a Judge allowed to conduct personal research on the Internet to verify the facts?

The Court of Appeal in Siemens Industry Software Inc v KB Engineering Coatings Sdn Bhd [2025] 2 MLRA 657 answered “No”.

In this case, the plaintiff applied for summary judgment in a copyright infringement claim. In dismissing the application, the High Court questioned the locus standi (legal standing) of the plaintiff based on the High Court’s own internet research. This was troubling since the issue of locus standi was not pleaded or raised by the defendant.

In reversing the High Court decision, the Court of Appeal found that the learned Judge cannot go behind the evidence tendered, by conducting his own research on the internet (on the facts). There is also no basis for such personally researched facts to fall within the exceptions of ss56-58 of the Evidence Act 1950, on facts which need not be proved (viz judicially noticed or admitted facts).

In sum, the court must limit its analysis to the materials and evidence tendered by the parties,

without seeking to supplement the facts on its own violation. This case fortifies one of the pillars of our adversarial system - that judges should not descend into the arena and must always remain above the fray.

See grounds of judgment here:

https://tinyurl.com/yjndk682