1. ) GM AERO SUPPORT SDN. BHD. 2. ) Khoh Siew Kim 1. ) GENTING HIGHLANDS BERHAD 2. ) GENTING MALAYSIA BERHAD 3. ) FIRST WORLD HOTELS & RESORTS SDN. BHD.

1. ) GM AERO SUPPORT SDN. BHD. 2. ) Khoh Siew Kim 1. ) GENTING HIGHLANDS BERHAD 2. ) GENTING MALAYSIA BERHAD 3. ) FIRST WORLD HOTELS & RESORTS SDN. BHD.

Court of Appeal allowed both appeals, set aside the High Court orders dated 23.8.2024 and held that documents B106 and B108, having been filed, marked and used in open court, were public documents such that the Riddick implied undertaking ceased in respect of those documents; the Kuantan/Temerloh judicial review and originating summons were related proceedings (not collateral/ulterior) so leave was not required to use the documents; applications to strike out and to adduce further evidence were dismissed; costs awarded to appellants (RM50,000 and RM35,000).

Citation
W-02(IM)(C)-1518-09/2024 (Mahkamah Rayuan)
Parties
Appellant: GM Aero Support Sdn. Bhd.; Appellant: Khoh Siew Kim; Respondent: Genting Highlands Berhad; Respondent: Genting Malaysia Berhad; Respondent: First World Hotels & Resorts Sdn. Bhd.
Court
IM
Jurisdiction
Malaysia
Judgment Date
21 November 2025
Case Number
W-02(IM)(C)-1518-09/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From High Court (judicial Review / Discovery / Committal Leave Issues) / Appeal Heard in Court of Appeal; Judgment and Disposal of Interlocutory Applications Delivered
Outcome
Appeals allowed; High Court orders set aside; interlocutory applications dismissed
Legal Topics
Riddick Principle, Implied Undertaking, Discovery, Use of Documents in Separate Proceedings, Leave to Commence Committal, Open Justice, Protective/sealing Orders, Res Judicata/issue Estoppel
Source Language
Malay/English
Civil Procedure Evidence Administrative Law Judicial Review Contempt of Court Land Law Riddick Principle Implied Undertaking +6 more

Case Brief

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Parties

GM Aero Support Sdn. Bhd.

Appellant

Khoh Siew Kim

Appellant

Genting Highlands Berhad

Respondent

Genting Malaysia Berhad

Respondent

First World Hotels & Resorts Sdn. Bhd.

Respondent

Procedural Posture

Civil Appeals From High Court (judicial Review / Discovery / Committal Leave Issues) / Appeal Heard in Court of Appeal; Judgment and Disposal of Interlocutory Applications Delivered

Legal Issues

  1. 1 Whether documents obtained under compulsion (B106 and B108) remain subject to the implied undertaking (Riddick principle) after being filed/used/read in open court
  2. 2 Whether leave of court was required to use those documents in related proceedings (Kuantan/Temerloh OS and JR)
  3. 3 Whether the High Court order granting leave to commence committal and to use documents was appealable and whether the appeals are academic/premature

Ratio Decidendi

Court of Appeal allowed both appeals, set aside the High Court orders dated 23.8.2024 and held that documents B106 and B108, having been filed, marked and used in open court, were public documents such that the Riddick implied undertaking ceased in respect of those documents; the Kuantan/Temerloh judicial review and originating summons were related proceedings (not collateral/ulterior) so leave was not required to use the documents; applications to strike out and to adduce further evidence were dismissed; costs awarded to appellants (RM50,000 and RM35,000).

Court Disposition

Appeals allowed; High Court orders set aside; interlocutory applications dismissed

Orders

  • Respondents' striking out applications (Enclosure 27 in Appeal 1518 and Enclosure 29 in Appeal 1548) dismissed with costs
  • Respondents' further evidence applications (Enclosure 22 in Appeal 1518 and Enclosure 24 in Appeal 1548) dismissed with costs