KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

All proposed interrogatories failed the necessity test under Order 26 rule 1(3) because they were duplicative of sworn affidavits and pleaded material, would not save costs as the relevant witnesses will be called at trial, and because many questions were irrelevant, vague, sought opinions or unpleaded matters and amounted to fishing expeditions; accordingly leave to serve the interrogatories was refused and the application dismissed.

Citation
WA-22NCC-489-07/2023 (Mahkamah Tinggi)
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): KENANGA INVESTORS BERHAD; 1st Defendant (original Action); 1st Plaintiff (counterclaim): ZULRAFQ CAPITAL SDN BHD; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): TAN SRI ZULHASNAN BIN RAFIQUE; 2nd Defendant (counterclaim): MUHAMMAD TAQIUDDIN HALIM; 3rd Defendant (counterclaim): DATUK WIRA ISMITZ MATTHEW
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2024
Case Number
WA-22NCC-489-07/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Contract Dispute (put and Call Option Agreement; Guarantee) / Interlocutory Application for Leave to Serve Interrogatories Under Order 26 After Summary Judgment Was Set Aside; Matter Proceeding to Full Trial
Outcome
Application (Enclosure 39) dismissed in its entirety.
Legal Topics
Interrogatories, Order 26 Rules of Court 2012, Put and Call Option Agreement, Personal Guarantee, Summary Judgment, Parol Evidence Rule, Fishing Expedition
Source Language
Malay/English
Contract Law Civil Procedure Commercial Law Evidence Law Interrogatories Order 26 Rules of Court 2012 Put and Call Option Agreement Personal Guarantee +3 more

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Parties

KENANGA INVESTORS BERHAD

Plaintiff (original Action); 1st Defendant (counterclaim)

ZULRAFQ CAPITAL SDN BHD

1st Defendant (original Action); 1st Plaintiff (counterclaim)

TAN SRI ZULHASNAN BIN RAFIQUE

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

MUHAMMAD TAQIUDDIN HALIM

2nd Defendant (counterclaim)

DATUK WIRA ISMITZ MATTHEW

3rd Defendant (counterclaim)

Procedural Posture

Commercial Contract Dispute (put and Call Option Agreement; Guarantee) / Interlocutory Application for Leave to Serve Interrogatories Under Order 26 After Summary Judgment Was Set Aside; Matter Proceeding to Full Trial

Legal Issues

  1. 1 Whether proposed interrogatories are necessary for disposing fairly of the cause or for saving costs under Order 26 rule 1(3) Rules of Court 2012
  2. 2 Whether interrogatories seek irrelevant, unpleaded or opinion evidence or amount to a fishing expedition
  3. 3 Whether facts can be elicited more appropriately at trial by witnesses and cross-examination

Ratio Decidendi

All proposed interrogatories failed the necessity test under Order 26 rule 1(3) because they were duplicative of sworn affidavits and pleaded material, would not save costs as the relevant witnesses will be called at trial, and because many questions were irrelevant, vague, sought opinions or unpleaded matters and amounted to fishing expeditions; accordingly leave to serve the interrogatories was refused and the application dismissed.

Court Disposition

Application (Enclosure 39) dismissed in its entirety.

Orders

  • Enclosure 39 dismissed in its entirety.
  • Plaintiffs in the Counterclaim to pay costs of RM2,000.00 to each of the Defendants in the Counterclaim.