PROTASCO BHD 1. ) TEY POR YEE 2. ) OOI KOCK AUN

Parties

Procedural Posture

Civil Appeal (discovery / Evidence) / Final Determination by the Federal Court (appeal Dismissed)

Legal Issues

1. 1 Whether s7 of the Bankers' Books (Evidence) Act 1949 empowers a court to order discovery independently of Order 24 Rules of Court 2012
2. 2 Whether the statutory definition of 'banker's book' in s2 BBEA must be construed to include documents produced by modern banking practices and electronic records
3. 3 Whether documents disclosed under BBEA without compliance with ss3‑5 BBEA are admissible under the Evidence Act 1950

Ratio Decidendi

Section 7 BBEA does not empower a court to order discovery independently of Order 24 ROC 2012; BBEA exists to facilitate proof of banker's book entries at trial, not to replace or circumvent the discovery regime. Documents sought from banks must be the type of records that are 'banker's books' as statutorily defined (permanently recording transactions in the ordinary business of a bank) and must be proven in accordance with ss3‑5 BBEA and relevant Evidence Act certification (including s90A for computer records). Many of the contested document types (company documents, account opening forms, specimen signature forms, cheques/pay‑in slips, bank statements) do not fall within the statutory...

Court Disposition

Appeals dismissed; Court of Appeal orders affirmed

Orders

• Appeals dismissed with costs
• Affirmed Court of Appeal orders: Enclosure 307 dismissed and BBEA Order 2 set aside; documents produced under BBEA Order 1 found to be inadmissible where not proven under BBEA and to be expunged as ordered by the Court of Appeal