AXBUILDER SDN BHD BONAFIDE DESIGN & CONSTRUCTION SDN BHD

AXBUILDER SDN BHD BONAFIDE DESIGN & CONSTRUCTION SDN BHD

On the balance of probabilities the court found the identified documents to exist and to be in the plaintiff's possession or control, they are relevant and necessary for fair disposal and forensic examination given defendant's allegation of forgery, and prior adjudication (Guaman 1715) estops relitigation of the production issue; accordingly the defendant's production application is allowed and costs are in the cause.

Citation
WA-A52NCvC-114-02/2023 (Mahkamah Sesyen)
Parties
Plaintiff: AXBUILDER SDN BHD; Defendant: BONAFIDE DESIGN & CONSTRUCTION SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 September 2023
Case Number
WA-A52NCvC-114-02/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Contract / Interlocutory — Production Order Decided (application Under Order 24 for Production of Documents)
Outcome
Defendant's Notice of Application (Lampiran 5) allowed on the balance of probability; costs in the cause.
Legal Topics
Production of Documents, Res Judicata, Issue Estoppel, Forgery Allegations, Quantum Meruit, Discovery Necessity
Source Language
Malay/English
Civil Procedure Contract Evidence Forensic Examination Production of Documents Res Judicata Issue Estoppel Forgery Allegations +2 more

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Parties

AXBUILDER SDN BHD

Plaintiff

BONAFIDE DESIGN & CONSTRUCTION SDN BHD

Defendant

Procedural Posture

Civil Contract / Interlocutory — Production Order Decided (application Under Order 24 for Production of Documents)

Legal Issues

  1. 1 Whether the court should order production of original documents identified by the defendant
  2. 2 Whether the documents are in the possession, custody or power of the plaintiff
  3. 3 Whether production is necessary for the fair disposal of the matter (necessity test under Order 24/Rule 13)

Ratio Decidendi

On the balance of probabilities the court found the identified documents to exist and to be in the plaintiff's possession or control, they are relevant and necessary for fair disposal and forensic examination given defendant's allegation of forgery, and prior adjudication (Guaman 1715) estops relitigation of the production issue; accordingly the defendant's production application is allowed and costs are in the cause.

Court Disposition

Defendant's Notice of Application (Lampiran 5) allowed on the balance of probability; costs in the cause.

Orders

  • Defendant's application for production of documents (Lampiran 5) is allowed
  • Plaintiff is ordered to produce the original documents specifically identified in the application to the Court for retention and inspection within five (5) days of the order