TEO PIK TAU JB CITY TOWER SDN BHD

TEO PIK TAU JB CITY TOWER SDN BHD

Application dismissed because applicant failed to demonstrate a sufficient nexus or relevance between the broad, general documents sought and any issue likely to arise in intended proceedings; the requests were overly wide, tantamount to a fishing expedition, and sought confidential internal company documents which would prejudice the defendant; applicant also failed to show standing or contractual basis to justify pre-action disclosure.

Citation
JA-A54-8-04/2022 (Mahkamah Sesyen)
Parties
Plaintiff/applicant: Teo Pik Tau; Defendant/respondent: JB City Tower Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 July 2022
Case Number
JA-A54-8-04/2022 (Mahkamah Sesyen)
Procedural Posture
Pre Action Discovery Under Order 24 R.7 a Rules of Court 2012 / Decision on Pre Action Discovery Application (interlocutory)
Outcome
Application dismissed with costs
Legal Topics
Pre Action Discovery, Disclosure, Confidentiality, Fishing Expedition, Cost Order
Source Language
Malay/English
Civil Procedure Company Law Contract Law Evidence Pre Action Discovery Disclosure Confidentiality Fishing Expedition +1 more

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Parties

Teo Pik Tau

Plaintiff/applicant

JB City Tower Sdn Bhd

Defendant/respondent

Procedural Posture

Pre Action Discovery Under Order 24 R.7 a Rules of Court 2012 / Decision on Pre Action Discovery Application (interlocutory)

Legal Issues

  1. 1 Whether pre-action discovery under O.24 r.7A is justified
  2. 2 Whether the documents sought are relevant to an issue likely to arise
  3. 3 Whether the application is a fishing expedition or speculative

Ratio Decidendi

Application dismissed because applicant failed to demonstrate a sufficient nexus or relevance between the broad, general documents sought and any issue likely to arise in intended proceedings; the requests were overly wide, tantamount to a fishing expedition, and sought confidential internal company documents which would prejudice the defendant; applicant also failed to show standing or contractual basis to justify pre-action disclosure.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondent in the sum of RM2000.00