ITS Testing Services (M) Sdn Bhd 1. ) DP Fluiteq Sdn. Bhd. 2. ) Dev Menon A/L Gopalan 3. ) Peter Chang Ngi Lee 4. ) Murugan A/L Selvaraj PIHAK KETIGA DICADANGKAN Carigali-PTTEPI Operating Company Sdn Bhd

ITS Testing Services (M) Sdn Bhd 1. ) DP Fluiteq Sdn. Bhd. 2. ) Dev Menon A/L Gopalan 3. ) Peter Chang Ngi Lee 4. ) Murugan A/L Selvaraj PIHAK KETIGA DICADANGKAN Carigali-PTTEPI Operating Company Sdn Bhd

Discovery applications dismissed because plaintiff failed to prove the three essentials for discovery: the documents sought do not demonstrably exist given CPOC's denial of any direct contractual relationship with the 1st defendant, the documents were not particularised to establish relevance, and there was no proof the defendants or CPOC had possession, custody or power of such documents; the applications amounted to a fishing expedition.

Citation
WA-22IP-24-03/2024 (Mahkamah Tinggi)
Parties
Plaintiff: ITS TESTING SERVICES (M) SDN BHD; Defendant: DP FLUITEQ SDN. BHD.; Defendant: DEV MENON A/L GOPALAN; Defendant: PETER CHANG NGI LEE; Defendant: MURUGAN A/L SELVARAJ; Third Party: Carigali-PTTEPI Operating Company Sdn Bhd (CPOC)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2025
Case Number
WA-22IP-24-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Discovery Applications / Decision on Interlocutory Discovery Applications (order 24 ROC 2012)
Outcome
Discovery applications dismissed with costs
Legal Topics
Discovery, Order 24 Rules 3, 7 and 7 a ROC 2012, Relevance and Possession for Disclosure, Fishing Expedition, Particularity of Documents
Source Language
Malay/English
Civil Procedure Contract/confidentiality Intellectual Property Tort (passing Off) Commercial Law Discovery Order 24 Rules 3,7 and 7 a ROC 2012 Relevance and Possession for Disclosure +2 more

Case Brief

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Parties

ITS TESTING SERVICES (M) SDN BHD

Plaintiff

DP FLUITEQ SDN. BHD.

Defendant

DEV MENON A/L GOPALAN

Defendant

PETER CHANG NGI LEE

Defendant

MURUGAN A/L SELVARAJ

Defendant

Carigali-PTTEPI Operating Company Sdn Bhd (CPOC)

Third Party

Procedural Posture

Civil Suit Discovery Applications / Decision on Interlocutory Discovery Applications (order 24 ROC 2012)

Legal Issues

  1. 1 Whether documents sought exist
  2. 2 Whether documents are relevant to pleaded case
  3. 3 Whether documents are in possession, custody or power of defendants/CPOC

Ratio Decidendi

Discovery applications dismissed because plaintiff failed to prove the three essentials for discovery: the documents sought do not demonstrably exist given CPOC's denial of any direct contractual relationship with the 1st defendant, the documents were not particularised to establish relevance, and there was no proof the defendants or CPOC had possession, custody or power of such documents; the applications amounted to a fishing expedition.

Court Disposition

Discovery applications dismissed with costs

Orders

  • Discovery applications in enclosure 5 and enclosure 7 dismissed with costs by the High Court dated 12 February 2025