TETUAN RAZIAH & PARTNERS 1. ) ABU HASAN BIN ALI 2. ) HELME BIN HASHIM 3. ) JAMELAH BINTI BAKAR

TETUAN RAZIAH & PARTNERS 1. ) ABU HASAN BIN ALI 2. ) HELME BIN HASHIM 3. ) JAMELAH BINTI BAKAR

Plaintiffs as heirs were entitled to pre-action disclosure because they demonstrated that the sale agreement and related documents exist, are relevant and material to determine a cause of action, and were likely within the defendant's possession or control; lack of letters of administration and limitation do not defeat a procedural pre-action disclosure application; the requested documents were transactional (not privileged) and disclosure was required in the interests of justice. Consequently the Sessions Court order for disclosure was upheld.

Citation
PA-12B-41-10/2024 (Mahkamah Tinggi)
Parties
Defendant/appellant: TETUAN RAZIAH & PARTNERS; Plaintiff/respondent: ABU HASSAN BIN ALI; Plaintiff/respondent: HELME BIN HASHIM; Plaintiff/respondent: JAMELAH BINTI BAKAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 July 2025
Case Number
PA-12B-41-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Final Judgment on Appeal (dismissed)
Outcome
appeal dismissed; decision of the Sessions Court dated 11 October 2024 upheld in full
Legal Topics
Disclosure of Documents, Pre Action Discovery, Locus Standi, Legal Professional Privilege, Limitation
Source Language
Malay/English
Civil Procedure Property Law Conveyancing Probate and Administration Disclosure of Documents Pre Action Discovery Locus Standi Legal Professional Privilege +1 more

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Parties

TETUAN RAZIAH & PARTNERS

Defendant/appellant

ABU HASSAN BIN ALI

Plaintiff/respondent

HELME BIN HASHIM

Plaintiff/respondent

JAMELAH BINTI BAKAR

Plaintiff/respondent

Procedural Posture

Civil Appeal From Sessions Court / Final Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether plaintiffs as heirs may obtain pre-action disclosure without letters of administration
  2. 2 Whether the documents sought are or were in the possession, custody or power of the defendant
  3. 3 Whether the requested documents are protected by legal professional privilege

Ratio Decidendi

Plaintiffs as heirs were entitled to pre-action disclosure because they demonstrated that the sale agreement and related documents exist, are relevant and material to determine a cause of action, and were likely within the defendant's possession or control; lack of letters of administration and limitation do not defeat a procedural pre-action disclosure application; the requested documents were transactional (not privileged) and disclosure was required in the interests of justice. Consequently the Sessions Court order for disclosure was upheld.

Court Disposition

appeal dismissed; decision of the Sessions Court dated 11 October 2024 upheld in full

Orders

  • Sessions Court order dated 11 October 2024 for disclosure affirmed
  • No order as to costs