23 Aug 2021
PROTASCO BHD 1. ) TEY POR YEE 2. ) OOI KOCK AUN
- Citation
- No. 02 (i)-47-09/2020 (W) & No. 02 (i)-49-09/2020 (W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- No. 02 (i)-47-09/2020 (W) & No. 02 (i)-49-09/2020 (W) (Mahkamah Persekutuan)
Section 7 BBEA does not empower a court to order discovery independently of Order 24 ROC 2012; BBEA exists to facilitate proof of banker's book entries at trial, not to replace or circumvent the discovery regime. Documents sought from banks must be the type of records that are 'banker's books' as statutorily defined (permanently recording transactions in the ordinary business of a bank) and must be proven in accordance with ss3‑5 BBEA and relevant Evidence Act certification (including s90A for computer records). Many of the contested document types (company documents, account opening forms, s…