MAHFAR ALWEE V. JEJAKA MEGAH SDN BHD & ANOR

MAHFAR ALWEE V. JEJAKA MEGAH SDN BHD & ANOR

Plaintiff bore the burden to prove relevancy of the documents sought; the documents were essentially contractual and not relevant to the plaintiff's equitable cause of action grounded in implied trust and fiduciary duties; therefore the application for production and inspection under Order 24 was dismissed and defendants were not ordered to produce the documents.

Citation
MAHFAR ALWEE V. JEJAKA MEGAH SDN BHD & ANOR
Parties
Plaintiff: Mahfar Alwee; First Defendant: Jejaka Megah Sdn Bhd; Second Defendant: Anor
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Suit / Interlocutory Application (discovery)
Outcome
Application dismissed with costs
Legal Topics
Order 24 Discovery, Implied Trust, Fiduciary Duty, Strike Out, Relevancy of Documents
Source Language
en
Civil Procedure Equity Trusts Contract Law Evidence (discovery) Order 24 Discovery Implied Trust Fiduciary Duty +2 more

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Parties

Mahfar Alwee

Plaintiff

Jejaka Megah Sdn Bhd

First Defendant

Anor

Second Defendant

Procedural Posture

Civil Suit / Interlocutory Application (discovery)

Legal Issues

  1. 1 Whether defendants must produce documents under Order 24 r.10 and r.11
  2. 2 Whether the documents sought are relevant to plaintiff's cause of action founded on implied trust and fiduciary duties
  3. 3 Whether failure to file an affidavit in reply deprives defendant of the right to object

Ratio Decidendi

Plaintiff bore the burden to prove relevancy of the documents sought; the documents were essentially contractual and not relevant to the plaintiff's equitable cause of action grounded in implied trust and fiduciary duties; therefore the application for production and inspection under Order 24 was dismissed and defendants were not ordered to produce the documents.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs