1. ) MOHD HAMZAVI BIN MD ZAIN 2. ) CALIPH CONSULTANCY GROUP SDN. BHD. FWD TAKAFUL BERHAD

1. ) MOHD HAMZAVI BIN MD ZAIN 2. ) CALIPH CONSULTANCY GROUP SDN. BHD. FWD TAKAFUL BERHAD

The plaintiffs failed to satisfy the required conjunctive tests for third party discovery: they did not demonstrate that the requested documents exist as specified or were sufficiently identified, they failed to show those documents were relevant to the pleaded issues (the pleaded breach related to the transfer of 564 agents) and they did not establish that discovery was necessary for fair disposal or cost saving; accordingly the discovery application was dismissed.

Citation
BA-22NCC-125-07/2024 (Mahkamah Tinggi)
Parties
Plaintiff/defendant: Mohd Hamzavi bin Md Zain; Plaintiff/defendant: Caliph Consultancy Group Sdn Bhd; Defendant/plaintiff (counterclaim): FWD Takaful Berhad; Defendant (counterclaim): Caliph Talent Academy Sdn Bhd; Defendant (counterclaim): Caliph Life Sdn Bhd; Non Party (third Party Subject to Discovery): One Two One Advisor Sdn Bhd; Third Party (related Suit): Qaizer Consultancy Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 August 2025
Case Number
BA-22NCC-125-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Discovery Application in Breach of Contract Action / Interlocutory Application for Third Party Discovery Under Rules of Court 2012 Order 24 Rule 7 A/12 Dismissed
Outcome
Discovery application dismissed
Legal Topics
Discovery, Third Party Discovery, Relevance, Possession Custody or Power, Necessity for Fair Disposal, Order 24 Rule 7 a, Fishing Expedition
Source Language
Malay/English
Civil Procedure Contract Law Evidence Insurance/takaful Law Information Technology/databases Discovery Third Party Discovery Relevance +4 more

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Parties

Mohd Hamzavi bin Md Zain

Plaintiff/defendant

Caliph Consultancy Group Sdn Bhd

Plaintiff/defendant

FWD Takaful Berhad

Defendant/plaintiff (counterclaim)

Caliph Talent Academy Sdn Bhd

Defendant (counterclaim)

Caliph Life Sdn Bhd

Defendant (counterclaim)

One Two One Advisor Sdn Bhd

Non Party (third Party Subject to Discovery)

Qaizer Consultancy Sdn Bhd

Third Party (related Suit)

Procedural Posture

Civil Discovery Application in Breach of Contract Action / Interlocutory Application for Third Party Discovery Under Rules of Court 2012 Order 24 Rule 7 A/12 Dismissed

Legal Issues

  1. 1 Whether the requested documents exist and are specifically identified
  2. 2 Whether the requested documents are in the possession custody or power of the third party
  3. 3 Whether the requested documents are relevant to the issues pleaded

Ratio Decidendi

The plaintiffs failed to satisfy the required conjunctive tests for third party discovery: they did not demonstrate that the requested documents exist as specified or were sufficiently identified, they failed to show those documents were relevant to the pleaded issues (the pleaded breach related to the transfer of 564 agents) and they did not establish that discovery was necessary for fair disposal or cost saving; accordingly the discovery application was dismissed.

Court Disposition

Discovery application dismissed

Orders

  • Plaintiffs' application for discovery against One Two One Advisor Sdn Bhd dismissed
  • Costs awarded to respondent in the sum of RM5000.00