TAN KA HAN AIA BHD.

TAN KA HAN AIA BHD.

Discovery ordered in part because specified categories (Agency Compensation Handbook and circulars; plaintiff's commission and sales records; list of policies under plaintiff's portfolio; investigation and termination records subject to privilege; correspondence regarding LIAM referral) are relevant and necessary for fair disposal; strike out application dismissed because claims, however exaggerated, disclose triable issues not plainly unsustainable; consolidation and transfer to the Kuala Lumpur High Court (Commercial Division) and consolidation with WA-22NCC-858-12/2024 granted to promote efficiency and avoid inconsistent findings; costs of the three applications to be in the cause;...

Citation
JA-22NCC-25-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Lua Wei Hun; Plaintiff: Tan Ka Han; Plaintiff: Lim Kien Siang; Defendant: AIA Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2025
Case Number
JA-22NCC-25-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil (agency/contract Dispute) / Interlocutory Applications Heard; Decision on Applications
Outcome
Plaintiff's discovery application allowed in part; Defendant's strike out application dismissed; Defendant's consolidation and transfer application allowed; costs in the cause.
Legal Topics
Discovery, Strike Out, Consolidation and Transfer of Suits, Damages, Privilege
Source Language
Malay/English
Contract Law Agency Law Insurance Law Civil Procedure Evidence and Discovery Discovery Strike Out Consolidation and Transfer of Suits +2 more

Case Brief

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Parties

Lua Wei Hun

Plaintiff

Tan Ka Han

Plaintiff

Lim Kien Siang

Plaintiff

AIA Bhd.

Defendant

Procedural Posture

Civil (agency/contract Dispute) / Interlocutory Applications Heard; Decision on Applications

Legal Issues

  1. 1 Whether plaintiff is entitled to discovery of specified documents including Agency Compensation Handbook, commission and sales records, policy lists, investigation and termination records, and LIAM referral correspondence
  2. 2 Whether large portions of the statement of claim (including RM447 billion special damages) should be struck out as frivolous, scandalous or an abuse of process
  3. 3 Whether the Johor Bahru suits should be consolidated and transferred to Kuala Lumpur and consolidated with WA-22NCC-858-12/2024

Ratio Decidendi

Discovery ordered in part because specified categories (Agency Compensation Handbook and circulars; plaintiff's commission and sales records; list of policies under plaintiff's portfolio; investigation and termination records subject to privilege; correspondence regarding LIAM referral) are relevant and necessary for fair disposal; strike out application dismissed because claims, however exaggerated, disclose triable issues not plainly unsustainable; consolidation and transfer to the Kuala Lumpur High Court (Commercial Division) and consolidation with WA-22NCC-858-12/2024 granted to promote efficiency and avoid inconsistent findings; costs of the three applications to be in the cause;...

Court Disposition

Plaintiff's discovery application allowed in part; Defendant's strike out application dismissed; Defendant's consolidation and transfer application allowed; costs in the cause.

Orders

  • Discovery allowed in part: Defendant to produce within directed period (30 days) the Agency Compensation Handbook and relevant circulars
  • Defendant to produce the plaintiff's commission and sales records