Malaysia Case Law: Decisions & Judgments

Topic

Discovery/disclosure

Legal area

Court

10 Mar 2022

MEGA PALM SDN. BHD & ORS HUN TEE SIANG & 31 ORS

Citation

W-02(IM)(NCvC)-1557-08/2021 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-1557-08/2021 (Mahkamah Rayuan)

The Court held the Consent Order contained terms (notably paragraphs 9 and 10) that went beyond the ambit of the original Suit 698; because the consent order thus embodied a new agreement outside the original action's scope a fresh action (the OS) was necessary and the High Court therefore had jurisdiction to hear the OS; the Judicial Commissioner correctly refused to strike out the OS and the appeal was dismissed with costs.
13 Jul 2020

1. ABDUL RAZAK BIN MOHD ARIS 2. YAP CHEE WEE 3. TAN SOON LEE (Suing as Plaintiffs and as representatives for all purchasers of the development project known as “City of Green”) 1. DATO’ LEE SU HA 2. BJ HOMES DEVELOPMENT SDN. BHD. (623575-W)

Citation

BA-22C-43-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-43-10/2019 (Mahkamah Tinggi)

The court refused to strike out the suit because the pleaded causes of action against multiple defendants disclosed triable issues and were not plain and obvious; discovery orders were granted where the plaintiffs satisfied the statutory conditions that the documents are in defendants' possession/custody/power and fall within categories in O 24 r 3(4) RC and are necessary for fair disposal or saving costs; claims to legal professional privilege were preserved for determination at trial and privileged documents were ordered to remain undisclosed pending the trial court's adjudication of privil…

Malaysia Case Law

MEGA PALM SDN. BHD & ORS HUN TEE SIANG & 31 ORS

1. ABDUL RAZAK BIN MOHD ARIS 2. YAP CHEE WEE 3. TAN SOON LEE (Suing as Plaintiffs and as representatives for all purchasers of the development project known as “City of Green”) 1. DATO’ LEE SU HA 2. BJ HOMES DEVELOPMENT SDN. BHD. (623575-W)