Malaysia Case Law: Decisions & Judgments

Topic

Disclosure

Legal area

Court

19 Jun 2025

PEMPETISYEN VIOLET TAN PEI LI CHIA YEW KEONG

Citation

JA-33-462-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-33-462-09/2022 (Mahkamah Tinggi)

Court allowed discovery only to the extent that documents were relevant, within the petitioner's possession and necessary to determine matrimonial assets and financial capacity: petitioner must disclose company financial statements for Paragon Group Pte Ltd and Spice Ventures Sdn. Bhd and monthly rental income details for HSD 604469 PTB 24794 (Straits View Property) and Parcel A-26-07 Tower A Paragon Residences within 14 days; all other discovery requests were refused as irrelevant, overbroad, lacking possession/power or constituting a fishing expedition; costs of RM3,000 awarded to petitione…
19 May 2025

Muhammad Zaim Bin Awang [ ]

Citation

S-05(SH)-64-02/2023 (Mahkamah Rayuan)
Court

SH
Case number

S-05(SH)-64-02/2023 (Mahkamah Rayuan)

The Court affirmed the trial judge's findings that the chain of custody was intact, the statutory caution was administered and produced a voluntary admission, the parcel was found in the appellant's bedroom establishing possession, the statutory presumption of trafficking applied (quantity exceeded threshold) and the appellant failed to rebut it on the balance of probabilities; investigative omissions were not prejudicial and did not render the conviction unsafe.
13 Dec 2024

FINE CUT PRECISION SDN BHD 1. ) LOW SIEW CHING 2. ) LOW KAH SOON 3. ) MOU YOKE CHOO 4. ) Mou Yoke Choo (Menuntut Sebagai Penjaga Bagi Low Chinn Wen [No. Sijil Kelahiran: Cs09635/no. Kp: 120717-10-3012 5. ) Mou Yoke Choo (Menuntut Sebagai Pe

Citation

BA-22NCvC-404-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-404-10/2020 (Mahkamah Tinggi)

The court found the 3rd defendant provided multiple affidavits and disclosed information to the extent of her knowledge and resources and there was insufficient evidence of willful contumacious disobedience of court orders; because the central dispute over ownership of properties, investments and funds requires determination at a full trial, it would be unjust to strike out the defence and counterclaim or enter final judgment. The court therefore refused the final sanction but limited the defendants by barring them from adducing new evidence or documents relating to the Mareva, Varied Mareva…
27 Aug 2024

1. ) Nor Badril Binti Mohd Noor 2. ) Mohd Roslan Bin Mohd Noor 3. ) Nordiana Binti Mohd Noor 4. ) Che Nor Bidari Binti Mohd Noor 5. ) Mohd Jamil Bin Mohd Noor 6. ) Mohamad Adnan Bin Mohamad Noor 7. ) Mohd Naeem Bin Mohd Noor 8. ) Mohamad Na

Citation

KA-22NCvC-38-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-38-07/2020 (Mahkamah Tinggi)

Plaintiffs lacked locus standi because they were not registered shareholders, had not obtained letters of administration, and the company had been finally wound up with matters under the liquidator's control; consequently the preliminary issue under Order 33 disposed of the action and the court struck out the writ and made associated interlocutory applications academic.
25 Jul 2024

PEMPETISYEN CHAN LAI JENG 1. ) KOH BOON SIONG 2. ) QUENLY ELIZABETH MARGARET MONARES LICO

Citation

BA-33-431-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-431-06/2022 (Mahkamah Tinggi)

Discovery was granted only where requests were specific, relevant and necessary to the issues of maintenance and division of matrimonial assets and restricted temporally to recent years; vague, overly broad or speculative requests (including those aimed at proving an unpleaded adulterous relationship) were refused as oppressive fishing expeditions.
25 Jul 2024

1. ) IOUPAY LIMITED 2. ) ISENTRIC SDN BHD 3. ) IOU PAY (ASIA) SDN BHD 4. ) DATAMORPH SERVICES SDN BHD 1. ) KUAN CHOON HSUING 2. ) YONG YUEN YEEN 3. ) YONG YUEN NEE 4. ) ASPIRE PROJECT MANAGEMENT SDN BHD 5. ) Edward Tan Tee Tong 6. ) Liew Jw

Citation

WA-22NCC-137-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-137-03/2023 (Mahkamah Tinggi)

The court released the implied undertaking and granted leave to use the Anton Piller materials because the documents are central and relevant to multiple pending and prospective civil and criminal proceedings, no demonstrable prejudice to defendants was shown, several defendants expressly did not object and the 1st–4th Defendants' failure to file an affidavit in reply or give instructions amounted to acquiescence; the public interest in resolving the matters and enforcing court orders outweighs confidentiality concerns, so the use is permitted with costs and orders as prayed in Enclosure 196.
29 Jan 2024

DOA HUAT HOLDINGS SDN BHD MBL PLANTATION SDN BHD

Citation

PA-22NCC-13-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCC-13-04/2022 (Mahkamah Tinggi)

The court found the proposed interrogatories related directly to the triable issue created by the revocation letter and were necessary to obtain admissions that would narrow the issues, shorten trial time and save costs; they were not a fishing expedition nor oppressive and were therefore permitted under Order 26 rule 1(3) Rules of Court 2012, with costs in the cause.
14 Jun 2023

1. ) COSMO-OMEGA SDN BHD 2. ) BILLION TRIUMPH SDN BHD 3. ) LIP AH CHUN 4. ) LOO MUN WAI 5. ) LOO MUN KEONG 6. ) LOO MUN SOON 7. ) CHEN WAI KOUNG 8. ) CHEN WAI LOAN 9. ) CHIN WEI SENG 10. ) CHIN WAI HENG 1. ) MENTERI BESAR SELANGOR (PEMERBAD

Citation

BA-22NCvC-340-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-340-08/2022 (Mahkamah Tinggi)

The interlocutory application to dismiss was refused because the central questions pleaded by Plaintiffs (representations by the Menteri Besar, legitimate expectation, constructive trust, alleged breach of trust/fraud and unjust enrichment) involve material factual disputes and extrinsic evidence; Order 33 r.2 is only appropriate where the dispute turns solely on points of law. Therefore the issues must be decided at full trial with disclosure and witness evidence.
5 Oct 2022

Kerajaan Negeri Pahang MOHD SHUKRI BIN MOHD RAMLI

Citation

CB-21CY-3-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-21CY-3-04/2022 (Mahkamah Tinggi)

Court applied Order 24 necessity and relevance tests and defamation law principles and held that general regulatory documents that are public and directly relate to environmental management (JAS guidelines, current EIA and statewide EMP plan) are relevant and must be disclosed, whereas detailed licence lists, individual EMP approvals and marked-tree specific authorisations for 2017–2021 are not necessary to decide the defamation defences and are refused because they are irrelevant to the pleaded issues and intrusive to unrelated third parties.
21 Jul 2022

TEO PIK TAU JB CITY TOWER SDN BHD

Citation

JA-A54-8-04/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A54-8-04/2022 (Mahkamah Sesyen)

Application dismissed because applicant failed to demonstrate a sufficient nexus or relevance between the broad, general documents sought and any issue likely to arise in intended proceedings; the requests were overly wide, tantamount to a fishing expedition, and sought confidential internal company documents which would prejudice the defendant; applicant also failed to show standing or contractual basis to justify pre-action disclosure.