WARISAN MEDICQ GROUP SDN. BHD. SRI JANAKI DEVI A/P PALAKASTIN

WARISAN MEDICQ GROUP SDN. BHD. SRI JANAKI DEVI A/P PALAKASTIN

The Court found that the threefold test for discovery was met: the requested Accounting Records, Bank Statements and CMS Documents are documents in the defendants' possession/custody/power (including via company secretary/accountant) and are relevant to the disputed factual allegations (misuse/misappropriation of funds, non-payment of salary/profits, verification of income). The CMS Documents were ordered produced but subject to a protective Terms of Undertaking restricting use to the proceedings, limiting distribution to enumerated parties (patients/parents for verification, accountant, auditor, current/former clinic staff) and prohibiting contact with patients except for the purposes of...

Citation
WA-22NCvC-550-08/2024 (Mahkamah Tinggi)
Parties
Plaintiff (counterclaim): SRI JANAKI DEVI A/P PALAKASTIN; 1st Defendant (counterclaim): WARISAN MEDICQ GROUP SDN. BHD.; 2nd Defendant (counterclaim): NAVANEETH A/L PERPAKARAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 April 2025
Case Number
WA-22NCvC-550-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil (ncv C) Counterclaim With Interlocutory Discovery Application / Interlocutory: Application for Discovery and Production of Documents Under O.24 RC 2012
Outcome
Application allowed: Accounting Records, Bank Statements and CMS Documents ordered produced subject to conditions for CMS data
Legal Topics
Discovery of Documents, Directors' Access to Company Records, Production of Bank Statements, Clinic Management System Data, Personal Data Protection (pdpa), Undertaking for Confidential Documents
Source Language
Malay/English
Company Law Civil Procedure Employment Law Healthcare Law Data Protection Law Discovery of Documents Directors' Access to Company Records Production of Bank Statements +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

SRI JANAKI DEVI A/P PALAKASTIN

Plaintiff (counterclaim)

WARISAN MEDICQ GROUP SDN. BHD.

1st Defendant (counterclaim)

NAVANEETH A/L PERPAKARAN

2nd Defendant (counterclaim)

Procedural Posture

Civil (ncv C) Counterclaim With Interlocutory Discovery Application / Interlocutory: Application for Discovery and Production of Documents Under O.24 RC 2012

Legal Issues

  1. 1 Whether the Accounting Records, Bank Statements and Clinic Management System (CMS) Documents are documents in the defendants' possession/custody/power and relevant for discovery
  2. 2 Whether CMS documents containing patient data are disclosable given PDPA concerns and risk of misuse
  3. 3 Temporal scope of documents to be discovered (May 2022 to February 2024)

Ratio Decidendi

The Court found that the threefold test for discovery was met: the requested Accounting Records, Bank Statements and CMS Documents are documents in the defendants' possession/custody/power (including via company secretary/accountant) and are relevant to the disputed factual allegations (misuse/misappropriation of funds, non-payment of salary/profits, verification of income). The CMS Documents were ordered produced but subject to a protective Terms of Undertaking restricting use to the proceedings, limiting distribution to enumerated parties (patients/parents for verification, accountant, auditor, current/former clinic staff) and prohibiting contact with patients except for the purposes of...

Court Disposition

Application allowed: Accounting Records, Bank Statements and CMS Documents ordered produced subject to conditions for CMS data

Orders

  • Production of Accounting Records of D1 (including Trial Balance, General Ledger, Profit and Loss Account and Balance Sheet and supporting documents) for the period May 2022 to February 2024
  • Production of D1's Bank Statements from OCBC Bank and any other business accounts for the period May 2022 to February 2024 and supporting documents