1. GOH KIEN KIEN 2. GOH LIAN PHENG 1. TAY SIEW HWA 2. TAN MENG LOON 3. WOO NAM HOONG

1. GOH KIEN KIEN 2. GOH LIAN PHENG 1. TAY SIEW HWA 2. TAN MENG LOON 3. WOO NAM HOONG

The court found that the documents requested were relevant to the claims (whether the contested assets are trust property and whether the purported will is effective), satisfied the three essential discovery elements (document, relevance, possession/custody/power) as articulated in Yekambaran, and were sufficiently particularised under the authorities; accordingly the application for discovery under Order 24 R3 and R7 was allowed and the Plaintiffs were ordered to produce the specified lists and documents within the period stated, with costs in the cause.

Citation
JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff (trustee): Goh Kien Kien; Plaintiff (trustee): Goh Lian Pheng; Defendant (personal Capacity and Deputy Chairman / on Behalf of Association): Tay Siew Hwa; Defendant (personal Capacity and Secretary / on Behalf of Association): Tan Meng Loon; Defendant (personal Capacity and Committee Member / on Behalf of Association): Woo Nam Hoong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2020
Case Number
JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Procedural Posture
Interlocutory Discovery Application in Civil Suit Concerning Trust Property, Will Validity and Land/caveat Disputes / Interlocutory (application for Discovery Under Order 24 Rules of Court 2012)
Outcome
Application for discovery allowed
Legal Topics
Discovery (order 24 Rules 3 and 7), Relevancy, Trust Property Vs Personal Estate, Validity of Will, Removal of Caveats, Donation Records and Temple Trust Accounts
Source Language
Malay/English
Civil Procedure Trust Law Probate Land Law Evidence Law Discovery (order 24 Rules 3 and 7) Relevancy Trust Property Vs Personal Estate +3 more

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Parties

Goh Kien Kien

Plaintiff (trustee)

Goh Lian Pheng

Plaintiff (trustee)

Tay Siew Hwa

Defendant (personal Capacity and Deputy Chairman / on Behalf of Association)

Tan Meng Loon

Defendant (personal Capacity and Secretary / on Behalf of Association)

Woo Nam Hoong

Defendant (personal Capacity and Committee Member / on Behalf of Association)

Procedural Posture

Interlocutory Discovery Application in Civil Suit Concerning Trust Property, Will Validity and Land/caveat Disputes / Interlocutory (application for Discovery Under Order 24 Rules of Court 2012)

Legal Issues

  1. 1 Whether the documents sought fall within the categories for discovery under Order 24 R3 and R7 Rules of Court 2012
  2. 2 Whether the documents are relevant and were or are in the possession, custody or power of the Plaintiffs
  3. 3 Whether the application is a fishing expedition or sufficiently particularised

Ratio Decidendi

The court found that the documents requested were relevant to the claims (whether the contested assets are trust property and whether the purported will is effective), satisfied the three essential discovery elements (document, relevance, possession/custody/power) as articulated in Yekambaran, and were sufficiently particularised under the authorities; accordingly the application for discovery under Order 24 R3 and R7 was allowed and the Plaintiffs were ordered to produce the specified lists and documents within the period stated, with costs in the cause.

Court Disposition

Application for discovery allowed

Orders

  • Plaintiffs ordered to make and serve on the Defendants a list of documents in their possession, custody or power pursuant to Order 24 Rule 3 Rules of Court 2012
  • Plaintiffs ordered within 14 days to file and serve copies of specified bank account statements (OCBC, Public Islamic Bank, Public Bank, Bank of China, Hong Leong) and specified account numbers as listed in the application