Malaysia Case Law: Decisions & Judgments

Topic

Discovery orders

Legal area

Court

27 Apr 2026

CITY PROPERTIES SDN BHD JALEX SDN BHD

Citation

W-02(NCC)(W)-1226-07/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-1226-07/2022 (Mahkamah Rayuan)

Court held s.540(1) CA 2016 includes bodies corporate as 'person' under ordinary statutory interpretation (Interpretation Acts s.3 applies), dishonest intent can be inferred where a company continued incurring debts after the TL3/RM33m budget was exhausted with no alternative funding and where concealment/misrepresentation and non‑production of key documents occurred, and knowledge of the directing mind (Yap) was properly attributable to CPSB; therefore appellants failed and both appeals dismissed.
30 Sept 2025

LIM KIEN SIANG AIA BHD.

Citation

JA-22NCC-26-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-26-03/2025 (Mahkamah Tinggi)

Discovery was granted in part for specific categories (Agency Compensation Handbook and circulars; plaintiff’s commission and sales records; list of policies in plaintiff’s portfolio; non‑privileged investigation and termination records; correspondence relating to LIAM referral) as relevant and necessary; the strike‑out application was dismissed because the claims disclosed triable issues despite allegedly exaggerated quantum; consolidation and transfer to the Kuala Lumpur High Court (Commercial Division) to be consolidated with WA‑22NCC‑858‑12/2024 was ordered as promoting judicial efficienc…
3 Mar 2025

1. ) MICHAEL ANG AEK HANG 2. ) KENNY ANG AEK KIAN 3. ) KONG CHEE SHEN 4. ) IEVPAD MALAYSIA SDN BHD 5. ) E & S SUPPLY TRADING WEE YONG HUANG

Citation

BA-12A-39-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12A-39-08/2023 (Mahkamah Tinggi)

High Court held the Sessions Court rightly exercised its discretion under Order 24 r.16(1) to strike out the Appellants' Defence and Counterclaim and enter judgment because the Appellants wilfully and blatantly disregarded a valid discovery order, their theft explanation was not pleaded contemporaneously and was rejected, and absence of an unless order did not preclude striking out; appeal dismissed with costs.
25 Sept 2024

SUBRAMANIAM A/L MUNISAMY HEIWA SANGYO SDN BHD

Citation

BL-22NCvC-31-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-31-07/2023 (Mahkamah Tinggi)

The application was dismissed because SSM classified the complaint as confidential and refused release without plaintiff's consent; the defendant failed to show that the complaint was necessary to dispose fairly of the action or to save costs (discovery not necessary at this stage); and disclosure would amount to a fishing expedition prejudicial to the plaintiff. Accordingly, under the Rules of Court the order for discovery was refused and costs were awarded to the plaintiff and the third party.
12 Sept 2024

NI-ON MARKETING SYSTEM SDN. BHD. 1. ) NASMADI FARM SDN. BHD. 2. ) WAN RAZIF BIN WAN MAHADZIM 3. ) Noor Ahmad Bin Abdul Wahab [Seorang Individu Yang Berniaga Di Bawah Nama Dan/atau Gelaran Nas Madi Enterprise (No. Syarikat: Ra0063432-p)]

Citation

KA-22NCC-4-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCC-4-09/2021 (Mahkamah Tinggi)

The Court dismissed both Enclosure 44 and Enclosure 48 because the Third Defendant failed to demonstrate sufficient cause under Order 24 Rule 17 or special circumstances to set aside the Unless Order and Judgment in Default; proper service on solicitors was established, solicitor negligence without proof of real injustice is insufficient, there was inordinate delay and no credible substantive defence, and the Unless Order was correctly imposed under Order 24 Rule 16(1).
14 Nov 2023

1. ) Kumpulan Powernet Berhad 2. ) Powernet Industries Sdn Bhd 1. ) Woo Wai Mun 2. ) Moo Yong Kong Meng 3. ) Au Chan Chun 4. ) Tai Teck Soon 5. ) Powerfit Industries Sdn Bhd 6. ) Powernet Trading (M) Sdn Bhd PIHAK TERKILAN 1. ) RHB BANK BER

Citation

WA-22NCC-327-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-327-07/2020 (Mahkamah Tinggi)

WA-22NCC-327-07/2020 (Mahkamah Tinggi)
7 Jun 2023

LAGUN BINA SDN. BHD. PACE CAPITAL SDN. BHD.

Citation

AA-A52NCvC-77-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-77-08/2022 (Mahkamah Sesyen)

Defendant failed to comply with the discovery order by producing only an irrelevant circular; the court drew the adverse inference that the documents either did not exist or were unfavorable to Defendant and held that under Order 24 r16(1) this justified granting Plaintiff's application to strike out and impose sanctions, accordingly allowing Enclosure 18 with costs.
5 Sept 2022

1. ) ALUPANORAMA METALS SDN BHD 2. ) AM METALS SERVICES CENTRE SDN BHD 1. ) OKAYA INTERNATIONAL (H.K.) LTD 2. ) GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. LTD 3. ) Guang Dong Yue Xin Asset Management Co. Ltd 4. ) Yip Kwong Nin (Juga Dikenal

Citation

BA-22NCC-109-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-109-09/2019 (Mahkamah Tinggi)

The discovery application was dismissed because the bulk of the documents sought were not shown to be relevant to the disputes between the 1st Plaintiff and 1st Defendant, included periods outside the 1st Defendant's involvement, were overly wide and oppressive and therefore not necessary for disposing fairly of the cause or saving costs.
26 Jul 2021

KENWINGSTON SDN BHD LEONG KEN SENG

Citation

WA-12AC-16-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AC-16-03/2021 (Mahkamah Tinggi)

The High Court allowed the appeal, set aside the default judgment and reinstated the defence and counterclaim because the Appellant demonstrated an arguable defence, the non-compliance with the discovery/unless order was attributable to solicitor carelessness rather than contumelious conduct, the discovery order was overly broad and improperly used at the pleading stage, and justice required a trial; the previously deposited security (RM447,733.92) was to be maintained until disposal of the trial.
18 Nov 2019

1. Lee Mooy Keaw 2. Lee Pei Pei 3. Lee Jia Jia 1. Chan Ah Kim 2. Lee Kah Hooi 3. Lee Kah Seng 4. Lee Chin Chin 5. Lee Liang Liang 6. Ng Yah Liang 7. Rockwills Corporation Sdn Bhd (Company No: 274516-K) 8. Premier Business Solutions Sdn Bhd

Citation

PA-22NCvC-45-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-45-04/2018 (Mahkamah Tinggi)

Court held that the transfer of 99,960 shares without production of a grant of probate contravened the evidentiary scheme in s109(4) of the Companies Act 2016; plaintiffs satisfied the high threshold for an interlocutory mandatory injunction in respect of those shares because damages were inadequate and the shares conferred effective control; accordingly prayer (1) for retransfer of the shares was granted to be complied within 14 days. All other interlocutory reliefs failed: discovery claims were for inventories not documents and thus refused; general retransfer prayer lacked specific materia…