7 Nov 2023
MALAYAN BANKING BERHAD 1. ) DSE CONSTRUCTION SDN. BHD. 2. ) HO HUP CONSTRUCTION COMPANY BERHAD PIHAK TERKILAN KUMPULAN LIZIZ SDN BHD
- Citation
- AA-22NCC-10-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-22NCC-10-09/2022 (Mahkamah Tinggi)
The application for general discovery was allowed because the three-fold test (existence, relevance, possession) was satisfied, the application was not untimely or prejudicial, and equitable fairness required disclosure to a non-borrower party implicated jointly and severally; disclosure granted with the qualification that Maybank must mark in its verifying affidavit any document not within its knowledge or possession. Costs awarded to applicant, costs in the cause.