RAHMAH BEE BINTI O KATTI MOHAMAD ETIKA MAJUJAYA SDN BHD

RAHMAH BEE BINTI O KATTI MOHAMAD ETIKA MAJUJAYA SDN BHD

The court held the requested client account documents were relevant and necessary for the fair disposal of the claim and for saving costs because they directly relate to the subject matter of the claim (the RM900,000.00 stakeholder sum) and materially affect the credibility of the Defence; accordingly the Sessions Court order for discovery was affirmed and production was ordered within seven days, and the appeal was dismissed with costs of RM5,000.00.

Citation
BA-12A-5-02/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Rahmah Bee binti O Katti; Appellant / Defendant: Salina binti Shahabudin; Respondent / Plaintiff: Etika Majujaya Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 December 2024
Case Number
BA-12A-5-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (interlocutory Discovery Order) / Judgment on Appeal (dismissed)
Outcome
Appeal dismissed; Sessions Court interlocutory discovery order affirmed with variation (seven-day production deadline); costs awarded to Respondent.
Legal Topics
Discovery of Documents, Stakeholder Funds, Sale and Purchase Agreement, Registrar's Caveat, Costs
Source Language
Malay/English
Civil Procedure Property Law Contract Law Evidence Discovery of Documents Stakeholder Funds Sale and Purchase Agreement Registrar's Caveat +1 more

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Parties

Rahmah Bee binti O Katti

Appellant / Defendant

Salina binti Shahabudin

Appellant / Defendant

Etika Majujaya Sdn Bhd

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court (interlocutory Discovery Order) / Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether documents relating to the stakeholder sum in the solicitors' client account are relevant for discovery
  2. 2 Whether whereabouts or disposition of the stakeholder sum is a matter in issue despite not being pleaded
  3. 3 Whether an order for production is necessary for disposing fairly of the matter or for saving costs

Ratio Decidendi

The court held the requested client account documents were relevant and necessary for the fair disposal of the claim and for saving costs because they directly relate to the subject matter of the claim (the RM900,000.00 stakeholder sum) and materially affect the credibility of the Defence; accordingly the Sessions Court order for discovery was affirmed and production was ordered within seven days, and the appeal was dismissed with costs of RM5,000.00.

Court Disposition

Appeal dismissed; Sessions Court interlocutory discovery order affirmed with variation (seven-day production deadline); costs awarded to Respondent.

Orders

  • Produce the specified documents relating to the RM900,000.00 in the solicitors' client account within seven (7) days from the date of the order
  • Appellants to pay costs of RM5,000.00 to the Respondent