18 May 2023
DATUK DR YUNUS GUL BIN ALIF GUL 1. ) WIJAYA REALTY SDN BHD 2. ) JEFRI BIN KASMAN 3. ) TETUAN NORA S.W.LAM & ASSOCIATES 4. ) MOHD RASHDAN BIN MAHFAR 5. ) RASHDAN MAHFAR ARCHITECT 6. ) Lim Chee Ming
- Citation
- JA-22NCvC-204-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-204-11/2019 (Mahkamah Tinggi)
The application for discovery was dismissed because the Plaintiff failed to establish relevancy and linkage between the 18 SPAs and the Plaintiff's property (different project names and location), and the unaffirmed affidavit filed by the defendant amounted to a remedial irregularity under Order 2 that did not occasion a substantial miscarriage of justice; therefore the threefold discovery test (document, relevance, possession) was not satisfied.