1. ) ALUPANORAMA METALS SDN BHD 2. ) AM METALS SERVICES CENTRE SDN BHD 1. ) OKAYA INTERNATIONAL (H.K.) LTD 2. ) GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. LTD 3. ) Guang Dong Yue Xin Asset Management Co. Ltd 4. ) Yip Kwong Nin (Juga Dikenal

1. ) ALUPANORAMA METALS SDN BHD 2. ) AM METALS SERVICES CENTRE SDN BHD 1. ) OKAYA INTERNATIONAL (H.K.) LTD 2. ) GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. LTD 3. ) Guang Dong Yue Xin Asset Management Co. Ltd 4. ) Yip Kwong Nin (Juga Dikenal

The discovery application was dismissed because the bulk of the documents sought were not shown to be relevant to the disputes between the 1st Plaintiff and 1st Defendant, included periods outside the 1st Defendant's involvement, were overly wide and oppressive and therefore not necessary for disposing fairly of the cause or saving costs.

Citation
BA-22NCC-109-09/2019 (Mahkamah Tinggi)
Parties
1st Plaintiff: ALUPANORAMA METALS SDN BHD; 2nd Plaintiff: AM METALS SERVICES CENTRE SDN BHD; 1st Defendant: OKAYA INTERNATIONAL (H.K) Ltd; 2nd Defendant: GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 September 2022
Case Number
BA-22NCC-109-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Writ of Summons (discovery Application) / Interlocutory Discovery Application Heard and Dismissed
Outcome
1st Defendant's discovery application dismissed
Legal Topics
Discovery Orders, Relevance of Documents, Possession Custody or Power, Fishing Expedition, Court Discretion Under Rules of Court 2012
Source Language
Malay/English
Civil Procedure Contract Fraud Evidence (discovery) Discovery Orders Relevance of Documents Possession Custody or Power Fishing Expedition +1 more

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Parties

ALUPANORAMA METALS SDN BHD

1st Plaintiff

AM METALS SERVICES CENTRE SDN BHD

2nd Plaintiff

OKAYA INTERNATIONAL (H.K) Ltd

1st Defendant

GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. Ltd

2nd Defendant

Procedural Posture

Civil Writ of Summons (discovery Application) / Interlocutory Discovery Application Heard and Dismissed

Legal Issues

  1. 1 Whether documents between 1st Plaintiff and 2nd Defendant for periods before and after 1st Defendant's involvement are relevant to disputes between 1st Plaintiff and 1st Defendant
  2. 2 Whether discovery sought is necessary for disposing fairly of the cause or matter
  3. 3 Whether the scope and temporal range of requested documents amount to an impermissible fishing expedition

Ratio Decidendi

The discovery application was dismissed because the bulk of the documents sought were not shown to be relevant to the disputes between the 1st Plaintiff and 1st Defendant, included periods outside the 1st Defendant's involvement, were overly wide and oppressive and therefore not necessary for disposing fairly of the cause or saving costs.

Court Disposition

1st Defendant's discovery application dismissed

Orders

  • The 1st Defendant's application for discovery of documents listed in paragraphs 1(a) to (e) is dismissed
  • No order as to costs