P.G. DORAISAMY A/L P.GOPAL Affin Hwang Investment Bank Berhad

P.G. DORAISAMY A/L P.GOPAL Affin Hwang Investment Bank Berhad

Discovery granted in part: documents evidencing receipt of deposits (First Category) and documents evidencing instructions/mandates (Second Category) are relevant, exist, and are necessary for a fair trial and to save costs and are not caught by SICDA s43 or FSA s133 where they do not concern depositor/CDS third‑party information; documents disclosing how monies were applied that would reveal third‑party CDS/trading account information (Third Category) are prohibited by SICDA s43 and must be denied.

Citation
W-02(IM)(NCC)-136-01/2025 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: P.G. Doraisamy a/l P. Gopal; 1st Defendant: Andre Chin Kwan Boon; 2nd Defendant: Lenny Velintino a/l James; Respondent/3rd Defendant: AmInvestment Bank Berhad; Respondent/4th Defendant: Kenanga Investment Bank Berhad; Respondent/5th Defendant: Affin Hwang Investment Bank Berhad; Respondent/6th Defendant: TA Securities Holdings Berhad
Court
IM
Jurisdiction
Malaysia
Judgment Date
29 January 2026
Case Number
W-02(IM)(NCC)-136-01/2025 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Appeal From High Court (interlocutory Discovery)
Outcome
Appeal allowed in part. High Court decision set aside in part. Discovery ordered for First Category and Second Category documents; Third Category refused. High Court cost order set aside. No order as to costs of appeal.
Legal Topics
Discovery, Confidentiality/secrecy Provisions, Duty of Care to Non Customers, Trust/unjust Enrichment, Statutory Interpretation
Source Language
Malay/English
Civil Procedure Securities Law Banking Law Financial Services Regulation Evidence Discovery Confidentiality/secrecy Provisions Duty of Care to Non Customers +2 more

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Parties

P.G. Doraisamy a/l P. Gopal

Appellant/plaintiff

Andre Chin Kwan Boon

1st Defendant

Lenny Velintino a/l James

2nd Defendant

AmInvestment Bank Berhad

Respondent/3rd Defendant

Kenanga Investment Bank Berhad

Respondent/4th Defendant

Affin Hwang Investment Bank Berhad

Respondent/5th Defendant

TA Securities Holdings Berhad

Respondent/6th Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Appeal From High Court (interlocutory Discovery)

Legal Issues

  1. 1 Whether discovery should be ordered under Order 24 r.3/r.7/r.8 of the Rules of Court 2012
  2. 2 Whether documents sought fall within secrecy provisions of SICDA 1991 s43 and FSA 2013 s133
  3. 3 Whether the documents are relevant and necessary for fair trial and to save costs (not a fishing expedition)

Ratio Decidendi

Discovery granted in part: documents evidencing receipt of deposits (First Category) and documents evidencing instructions/mandates (Second Category) are relevant, exist, and are necessary for a fair trial and to save costs and are not caught by SICDA s43 or FSA s133 where they do not concern depositor/CDS third‑party information; documents disclosing how monies were applied that would reveal third‑party CDS/trading account information (Third Category) are prohibited by SICDA s43 and must be denied.

Court Disposition

Appeal allowed in part. High Court decision set aside in part. Discovery ordered for First Category and Second Category documents; Third Category refused. High Court cost order set aside. No order as to costs of appeal.

Orders

  • Set aside High Court dismissal of discovery applications in part
  • Order respondents to produce documents in First Category (evidence of transfers/deposits/receipts)