Malaysia Case Law: Decisions & Judgments

Topic

Discovery and interrogatories

Legal area

Court

8 Dec 2025

NOR AFENDI BIN MOHAMED THUFIK 1. ) SITI HAMIDAH BINTI AYOB 2. ) ISHAK BIN AYOB 3. ) MOHAMMAD FADEL BIN AYOB

Citation

BD-A52NCvC-20-06/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-A52NCvC-20-06/2025 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff's claim was struck out because the pleadings and affidavits failed to show any reasonable cause of action: there was no pleaded or exhibited agreement entitling the plaintiff to rental shares, no evidence plaintiff ever received rental income (payments to plaintiff were established as loan repayments), and the plaintiff's damages calculation was speculative based solely on a Facebook advertisement; the claim amounted to an abuse of process and an attempt to use disclosure/interrogatories to fish for evidence, therefore Lamp.24 is allowed and the w…
25 Jul 2024

1. ) Ong Kow Ee @ Ong Chiow Chuen 2. ) FOO CHOOI WAI STONE MASTER CORPORATION BERHAD

Citation

WA-28PW-733-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-733-12/2022 (Mahkamah Tinggi)

The ex‑parte order dated 07.11.2022 was set aside because the Liquidator had already commenced related civil suits and therefore had adequate alternative means (discovery and interrogatories under the Rules of Court 2016) to obtain the required information; the Liquidator failed to make full and frank disclosure of material facts, and the order was oppressive and constituted an abuse of process not in the Respondent’s best interests.
27 Feb 2024

ATE SOLUTION SDN. BHD. PHARN KAI YEE

Citation

BA-12ANCC-23-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCC-23-08/2023 (Mahkamah Tinggi)

The High Court allowed the appeal in relation to the expungement: the 51 documents are relevant to the plaintiff's claim that the defendant set up a competing business and breached fiduciary duties; even if the documents were obtained improperly, in civil proceedings admissibility turns on relevancy and not the manner of acquisition, and failure to use discovery procedures or to specify affidavit sources affects evidential weight and procedure rather than mandating exclusion; accordingly the Sessions Court's expungement order (except as to costs) was set aside.

Malaysia Case Law

NOR AFENDI BIN MOHAMED THUFIK 1. ) SITI HAMIDAH BINTI AYOB 2. ) ISHAK BIN AYOB 3. ) MOHAMMAD FADEL BIN AYOB

1. ) Ong Kow Ee @ Ong Chiow Chuen 2. ) FOO CHOOI WAI STONE MASTER CORPORATION BERHAD

ATE SOLUTION SDN. BHD. PHARN KAI YEE