1. GOH KIEN KIEN [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 2. GOH LIAN PHENG [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 1. TAY SIEW HWA [sued in the personal capacity and as the Deputy Chairman and

1. GOH KIEN KIEN [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 2. GOH LIAN PHENG [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 1. TAY SIEW HWA [sued in the personal capacity and as the Deputy Chairman and

The court applied the established threefold test for discovery (document, relevance, possession/custody/power) and the discretionary requirement that discovery be necessary or desirable; having compared the present application with earlier proceedings and considered relevance and possession, the court granted the application in part and ordered discovery only in respect of Public Bank Berhad Fixed Deposit Account No. 4228752830, finding the requisite elements satisfied for that specific account and that the remaining items were either previously dealt with or not necessary at this stage.

Citation
JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff (trustee): Goh Kien Kien; Plaintiff (trustee): Goh Lian Pheng; Defendant (deputy Chairman / Beneficiary / Trustee): Tay Siew Hwa; Defendant (secretary / Beneficiary / Trustee): Tan Meng Loon; Defendant (committee Member / Beneficiary / Trustee): Woo Nam Hoong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2021
Case Number
JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (application for Discovery) / Application for Discovery Under Order 24 Rules 3 & 7 Rules of Court 2012
Outcome
Application allowed in part.
Legal Topics
Discovery of Documents, Relevance and Possession for Discovery, Order 24 Rules 3 and 7, Necessity/desirability of Discovery, Trust Property Held for a Temple
Source Language
Malay/English
Civil Procedure Trusts Probate Evidence Discovery of Documents Relevance and Possession for Discovery Order 24 Rules 3 and 7 Necessity/desirability of Discovery +1 more

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Parties

Goh Kien Kien

Plaintiff (trustee)

Goh Lian Pheng

Plaintiff (trustee)

Tay Siew Hwa

Defendant (deputy Chairman / Beneficiary / Trustee)

Tan Meng Loon

Defendant (secretary / Beneficiary / Trustee)

Woo Nam Hoong

Defendant (committee Member / Beneficiary / Trustee)

Procedural Posture

Civil Suit (application for Discovery) / Application for Discovery Under Order 24 Rules 3 & 7 Rules of Court 2012

Legal Issues

  1. 1 Whether the documents specified are 'documents' for purposes of discovery
  2. 2 Whether the specified documents are relevant to the issues in the suit
  3. 3 Whether the specified documents were or are in the possession, custody or power of the Plaintiffs

Ratio Decidendi

The court applied the established threefold test for discovery (document, relevance, possession/custody/power) and the discretionary requirement that discovery be necessary or desirable; having compared the present application with earlier proceedings and considered relevance and possession, the court granted the application in part and ordered discovery only in respect of Public Bank Berhad Fixed Deposit Account No. 4228752830, finding the requisite elements satisfied for that specific account and that the remaining items were either previously dealt with or not necessary at this stage.

Court Disposition

Application allowed in part.

Orders

  • Plaintiffs ordered to produce and file and serve documents relating only to Public Bank Berhad (6463-H) Fixed Deposit Account No. 4228752830 as per the application
  • Costs in the cause