21 Jan 2020
BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1.TODAY'S MARKET (ULU TIRAM) SDN BHD 2.BIGPHASE REALTY SDN BHD 3.TODAY'S MANAGEMENT SDN BHD 4.MK MALL MANAGEMENT SDN BHD 5.TODAY'S HOLDING GROUP SDN BHD 6.TAN CHIN HONG 7.LAO GEOK CHIN 8.ONG KIM HIN 9.T
- Citation
- JA-22NCVC-9-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-9-01/2019 (Mahkamah Tinggi)
The court held that where allegations of fraud or criminal breach of trust are made privity of contract is not a prerequisite for third‑party discovery; the plaintiff had satisfied the six preconditions for third‑party discovery set out in Billion Prima and the documents sought were relevant and likely in the possession, custody or power of the respective defendants, therefore the discovery applications (Enclosures 24 and 44) were allowed.