M WEALTH CORRIDOR SDN. BHD. (Company No: 1143510-P) 1. BJ PROPERTIES SDN. BHD. (Company No.: 910256-V) 2. LIM SOON PENG (NRIC No.: 550225-10-5177) 3. ONG TEE KEAT (NRIC No: 561122-10-5557) 4. CHAN TSE YUEN (NRIC No: 520423-05-5097)

M WEALTH CORRIDOR SDN. BHD. (Company No: 1143510-P) 1. BJ PROPERTIES SDN. BHD. (Company No.: 910256-V) 2. LIM SOON PENG (NRIC No.: 550225-10-5177) 3. ONG TEE KEAT (NRIC No: 561122-10-5557) 4. CHAN TSE YUEN (NRIC No: 520423-05-5097)

Both applications (Encl.31 for interrogatories and Encl.32 for discovery) were dismissed because the interrogatories sought were a fishing expedition, not necessary to fairly dispose of the cause or save costs, and the discovery requests were overly broad, nonspecific, not shown to be in defendants' possession/custody/power and in some respects privileged; therefore leave and discovery were refused and costs awarded to defendants.

Citation
WA-22NCvC-468-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: M WEALTH CORRIDOR SDN. BHD.; 1st Defendant: BJ PROPERTIES SDN. BHD.; 2nd Defendant: LIM SOON PENG; 3rd Defendant: ONG TEE KEAT; 4th Defendant: CHAN TSE YUEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
WA-22NCvC-468-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (contract/discovery Interlocutory Applications) / Hearing of Interlocutory Applications for Leave to Serve Interrogatories and for Discovery (encls.31 and 32)
Outcome
Applications dismissed
Legal Topics
Interrogatories (order 26), Discovery (order 24), Forfeiture of Deposit, Fishing Expedition, Legal Professional Privilege
Source Language
Malay/English
Civil Procedure Contract Law Trust Law Evidence Law Interrogatories (order 26) Discovery (order 24) Forfeiture of Deposit Fishing Expedition +1 more

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Parties

M WEALTH CORRIDOR SDN. BHD.

Plaintiff

BJ PROPERTIES SDN. BHD.

1st Defendant

LIM SOON PENG

2nd Defendant

ONG TEE KEAT

3rd Defendant

CHAN TSE YUEN

4th Defendant

Procedural Posture

Civil Suit (contract/discovery Interlocutory Applications) / Hearing of Interlocutory Applications for Leave to Serve Interrogatories and for Discovery (encls.31 and 32)

Legal Issues

  1. 1 Whether leave to serve interrogatories should be granted under Order 26 (necessity, relevance, saving costs)
  2. 2 Whether discovery should be ordered under Order 24 (identification, relevance, necessity, possession/custody/power)
  3. 3 Whether requested materials amount to a fishing expedition or are privileged

Ratio Decidendi

Both applications (Encl.31 for interrogatories and Encl.32 for discovery) were dismissed because the interrogatories sought were a fishing expedition, not necessary to fairly dispose of the cause or save costs, and the discovery requests were overly broad, nonspecific, not shown to be in defendants' possession/custody/power and in some respects privileged; therefore leave and discovery were refused and costs awarded to defendants.

Court Disposition

Applications dismissed

Orders

  • Enclosure 31 (leave to serve interrogatories) dismissed
  • Enclosure 32 (order for discovery) dismissed