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

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

Application dismissed because plaintiff's requests constituted a fishing expedition over an excessive scope and period, many requests lacked sufficient specificity or relevance, some documents are obtainable from public records or already in plaintiff's possession, and the requested company documents could not be compelled from a director where the companies were not parties; costs RM5,000 awarded to 1st defendant subject to allocatur.

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 / Judgment on Originating Summons (application Dismissed)
Outcome
Originating Summons dismissed
Legal Topics
Pre Action Discovery, Fishing Expedition, Derivative Action, Minority Oppression, Separate Legal Personality
Source Language
Malay/English
Civil Procedure Company Law Evidence Pre Action Discovery Fishing Expedition Derivative Action Minority Oppression Separate Legal Personality

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 / Judgment on Originating Summons (application Dismissed)

Legal Issues

  1. 1 Whether pre-action discovery should be granted under Order 24 Rule 7A
  2. 2 Whether the applicant's document requests amount to a fishing expedition
  3. 3 Whether the documents sought are sufficiently specified and relevant

Ratio Decidendi

Application dismissed because plaintiff's requests constituted a fishing expedition over an excessive scope and period, many requests lacked sufficient specificity or relevance, some documents are obtainable from public records or already in plaintiff's possession, and the requested company documents could not be compelled from a director where the companies were not parties; costs RM5,000 awarded to 1st defendant subject to allocatur.

Court Disposition

Originating Summons dismissed

Orders

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