Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Legal professional privilege (solicitor-client)

Legal area

Court

7 Oct 2025

KHOO YIK CHOU 1. ) KOAY LIANG KHENG 2. ) LEE KAH WEI 3. ) SAW CHIA HUI 4. ) NICHOLAS FUNG WIN JUAN

Citation

WA-22NCC-78-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-78-02/2025 (Mahkamah Tinggi)

The Court held the interrogatories sought factual transactional information (names of recipients, amounts, dates, modes and bank details) which are not communications seeking or giving legal advice and therefore are not protected by section 126 Evidence Act 1950; there was prima facie evidence that the firm held RM1.5 million as stakeholder and the interrogatories were necessary to trace misapplied stakeholder funds and to fairly dispose of the matter and save costs, accordingly leave to serve the interrogatories was granted.
15 Feb 2022

ROSIDIN BIN MARJAN 1. ) NORAZILA BINTI MOKHTAR 2. ) TETUAN RAHA YASIN & CO

Citation

BA-12BNCvC-9-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-9-03/2021 (Mahkamah Tinggi)

The appeal is dismissed because the Appellant failed to prove on a balance of probabilities the existence of a partnership and a 50:50 profit sharing in respect of the 39 transacted properties; there was no credible documentary or audited evidence to support the RM660,500 claim; the 2nd Respondent was not shown to be the Appellant's solicitor and the documents sought are privileged under s126 Evidence Act 1950; the non-availability of notes of evidence did not cause a mistrial and did not justify a retrial.