LIM HAN MING LIM HAN PENG

LIM HAN MING LIM HAN PENG

The application failed because the Plaintiff did not satisfy the cumulative discovery tests: the request for general discovery was overbroad and amounted to a fishing expedition; the Plaintiff failed to prove the existence or relevance of a written sale agreement or to show that the broad financial documents sought were necessary at this interlocutory stage. Under O.24 r.8 and r.13 the court found discovery unnecessary for disposing fairly or saving costs and therefore dismissed the application with costs.

Citation
JA-22NCvC-186-11/2022 (Mahkamah Tinggi)
Parties
Plaintiff (original); Defendant (counterclaim): Lim Han Ming; Defendant (original); Plaintiff (counterclaim): Lim Han Peng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 November 2023
Case Number
JA-22NCvC-186-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Discovery Application in Estate Administration (originating Summons Converted to Writ) / Interlocutory (discovery Application Heard and Dismissed)
Outcome
Discovery application dismissed with costs
Legal Topics
Order 24 Rules 3, 7, 12 ROC 2012, Necessity of Discovery and Limits (no Fishing Expedition), Relevance and Possession Tests for Documents, Conversion of Originating Summons to Writ
Source Language
Malay/English
Civil Procedure Probate and Administration Disclosure/discovery Order 24 Rules 3,7,12 ROC 2012 Necessity of Discovery and Limits (no Fishing Expedition) Relevance and Possession Tests for Documents Conversion of Originating Summons to Writ

Case Brief

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Parties

Lim Han Ming

Plaintiff (original); Defendant (counterclaim)

Lim Han Peng

Defendant (original); Plaintiff (counterclaim)

Procedural Posture

Civil Discovery Application in Estate Administration (originating Summons Converted to Writ) / Interlocutory (discovery Application Heard and Dismissed)

Legal Issues

  1. 1 Whether a general order for discovery should be granted
  2. 2 Whether specific documents (sale agreement, partnership financials, tax forms, bank statements) are relevant and in defendant's possession, custody or power
  3. 3 Whether discovery is necessary for disposing fairly of the matter or for saving costs under O.24 r.8 and r.13

Ratio Decidendi

The application failed because the Plaintiff did not satisfy the cumulative discovery tests: the request for general discovery was overbroad and amounted to a fishing expedition; the Plaintiff failed to prove the existence or relevance of a written sale agreement or to show that the broad financial documents sought were necessary at this interlocutory stage. Under O.24 r.8 and r.13 the court found discovery unnecessary for disposing fairly or saving costs and therefore dismissed the application with costs.

Court Disposition

Discovery application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to Defendant