1. ) AIA BHD. 2. ) AIA PUBLIC Takaful Bhd. 3. ) AIA General Berhad 1. ) LEE CHUN KAI 2. ) LOW PEI SUN 3. ) CHOUNG SZE YEE 4. ) SHARON JAMES PANG 5. ) LUA WEI HUN 6. ) MOHD. FARID BIN AB. KARIM 7. ) IMRAN AKHIM BIN ZULKIFLY 8. ) CHARLOTTE WO

1. ) AIA BHD. 2. ) AIA PUBLIC Takaful Bhd. 3. ) AIA General Berhad 1. ) LEE CHUN KAI 2. ) LOW PEI SUN 3. ) CHOUNG SZE YEE 4. ) SHARON JAMES PANG 5. ) LUA WEI HUN 6. ) MOHD. FARID BIN AB. KARIM 7. ) IMRAN AKHIM BIN ZULKIFLY 8. ) CHARLOTTE WO

Each of the nine defined categories in Annexure A is strictly necessary for the fair disposal of the proceedings because the pleaded causes require granular documentary proof of coordination and financial flows; confidentiality, delay and claims of lack of access do not defeat the obligation to disclose documents that are or have been within a defendant's possession, custody or power, and non-compliance attracts strike-out under Order 24 Rule 16.

Citation
WA-22NCC-202-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff: AIA Bhd.; Plaintiff: AIA PUBLIC Takaful Bhd.; Plaintiff: AIA General Berhad; 1st Defendant (district Manager): Lee Chun Kai; Defendants: Other Defendants (2-83)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 April 2026
Case Number
WA-22NCC-202-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Interlocutory Application for Specific Discovery / Application Heard and Judgment Delivered on Specific Discovery (order 24 ROC 2012)
Outcome
Application allowed in its entirety; discovery order made against all defendants; costs in the cause.
Legal Topics
Specific Discovery, Order 24 Rule 8 Strict Necessity, Fishing Expedition Doctrine, Possession Custody or Power, Confidentiality Vs Discovery, Bank and Financial Records, Sanctions for Non Compliance
Source Language
Malay/English
Civil Procedure Commercial Law Insurance Law Evidence Law Corporate/agency Law Specific Discovery Order 24 Rule 8 Strict Necessity Fishing Expedition Doctrine +4 more

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Parties

AIA Bhd.

Plaintiff

AIA PUBLIC Takaful Bhd.

Plaintiff

AIA General Berhad

Plaintiff

Lee Chun Kai

1st Defendant (district Manager)

Other Defendants (2-83)

Defendants

Procedural Posture

Civil Suit Interlocutory Application for Specific Discovery / Application Heard and Judgment Delivered on Specific Discovery (order 24 ROC 2012)

Legal Issues

  1. 1 Whether documents in Annexure A are strictly necessary under Order 24 Rule 8
  2. 2 Whether the application is an impermissible fishing expedition
  3. 3 Whether documents are or have been in defendants' possession, custody or power

Ratio Decidendi

Each of the nine defined categories in Annexure A is strictly necessary for the fair disposal of the proceedings because the pleaded causes require granular documentary proof of coordination and financial flows; confidentiality, delay and claims of lack of access do not defeat the obligation to disclose documents that are or have been within a defendant's possession, custody or power, and non-compliance attracts strike-out under Order 24 Rule 16.

Court Disposition

Application allowed in its entirety; discovery order made against all defendants; costs in the cause.

Orders

  • Defendants to file affidavits within 7 days stating whether documents in Annexure A are or have at any time been in their possession, custody or power and if not when parted with and what became of them.
  • Defendants to produce within 7 days all documents and information specified in Annexure A that are within their possession, custody or power to the Court and serve the Plaintiffs' solicitors.