ALI SAID HAMDAN AL RAWAHI 1. ) AHMAD BIN HASSAN 2. ) MALAYAN BANKING BERHAD

ALI SAID HAMDAN AL RAWAHI 1. ) AHMAD BIN HASSAN 2. ) MALAYAN BANKING BERHAD

The plaintiff failed to satisfy the Order 24 r7A threshold: the requests were vague, speculative and overly broad; the bank is not shown to be the exclusive custodian of the contested company documents which are accessible from company secretarial records and SSM; the plaintiff did not demonstrate necessity or...

Source-derived case information.

Citation
BA-22NCvC-61-02/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Ali Said Hamdan Al Rawahi; First Defendant: Ahmad bin Hassan; Second Defendant/respondent: Malayan Banking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 December 2025
Case Number
BA-22NCvC-61-02/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for Discovery / Application for Discovery (enclosure 78) Decided
Outcome
Enclosure 78 dismissed
Legal Topics
Pre Action Discovery, Order 24 Rule 7 a ROC 2012, Bank Customer Confidentiality, Norwich Pharmacal Order, Abuse of Process/fishing Expedition
Civil Procedure Banking Law Companies Law Evidence Pre Action Discovery Order 24 Rule 7 a ROC 2012 Bank Customer Confidentiality Norwich Pharmacal Order +1 more

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Summary, issues, holding and outcome

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Parties

Ali Said Hamdan Al Rawahi

Plaintiff

Ahmad bin Hassan

First Defendant

Malayan Banking Berhad

Second Defendant/respondent

Procedural Posture

Civil Claim for Discovery / Application for Discovery (enclosure 78) Decided

Legal Issues

  1. 1 Whether documents sought are relevant and necessary for fair disposal of the claim
  2. 2 Whether the applicant exhausted or made proper attempts to obtain documents from the company and its officers
  3. 3 Whether the application constitutes an abuse of court process or a fishing expedition

Ratio Decidendi

The plaintiff failed to satisfy the Order 24 r7A threshold: the requests were vague, speculative and overly broad; the bank is not shown to be the exclusive custodian of the contested company documents which are accessible from company secretarial records and SSM; the plaintiff did not demonstrate necessity or exhaustion of alternative remedies; bank confidentiality and potential prejudice to criminal processes outweigh the applicant's need — therefore third-party discovery from the bank is refused and the application dismissed with costs.

Court Disposition

Enclosure 78 dismissed

Orders

  • Enclosure 78 dismissed
  • Costs awarded to Respondents RM5,000.00