SOH SIEW LAN 1. ) KOH ZOO KWEE 2. ) ONG CHONG KEONG

SOH SIEW LAN 1. ) KOH ZOO KWEE 2. ) ONG CHONG KEONG

The Originating Summons was dismissed because the applicant's requests constituted a fishing expedition: the categories were indiscriminate and overly wide over an eight-year period, some documents were obtainable from public records or already in the applicant's possession, the companies whose documents were sought were not parties (company property), the requests lacked sufficient specification and relevance under Order 24 Rule 7A(3b), and the application impermissibly sought discovery based on suspicion of fraud thereby shifting the burden of proof.

Citation
WA-24NCvC-18-01/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Soh Siew Lan; 1st Defendant: Koh Zoo Kwee; 2nd Defendant: Ong Chong Keong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 August 2023
Case Number
WA-24NCvC-18-01/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Pre Action Discovery / High Court Decision (originating Summons Dismissed); Appeal Lodged to Court of Appeal
Outcome
Originating Summons for pre-action discovery dismissed by High Court
Legal Topics
Pre Action Discovery, Fishing Expedition, Minority Oppression, Derivative Action, Separate Legal Personality, Abuse of Process
Source Language
Malay/English
Civil Procedure Company Law Evidence Pre Action Discovery Fishing Expedition Minority Oppression Derivative Action Separate Legal Personality +1 more

Case Brief

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Parties

Soh Siew Lan

Plaintiff

Koh Zoo Kwee

1st Defendant

Ong Chong Keong

2nd Defendant

Procedural Posture

Originating Summons Pre Action Discovery / High Court Decision (originating Summons Dismissed); Appeal Lodged to Court of Appeal

Legal Issues

  1. 1 Whether plaintiff is entitled to pre-action discovery under Order 24 Rule 7A
  2. 2 Whether the discovery request is a fishing expedition or is sufficiently specific and relevant
  3. 3 Whether documents are company property and the companies should be parties to the application

Ratio Decidendi

The Originating Summons was dismissed because the applicant's requests constituted a fishing expedition: the categories were indiscriminate and overly wide over an eight-year period, some documents were obtainable from public records or already in the applicant's possession, the companies whose documents were sought were not parties (company property), the requests lacked sufficient specification and relevance under Order 24 Rule 7A(3b), and the application impermissibly sought discovery based on suspicion of fraud thereby shifting the burden of proof.

Court Disposition

Originating Summons for pre-action discovery dismissed by High Court

Orders

  • Originating Summons dismissed
  • Costs of RM 5,000 awarded to 1st defendant subject to allocatur