Malaysia Case Law: Decisions & Judgments

Topic

Litigation privilege

Legal area

Court

7 Nov 2024

CS ECO GLASS (M) SDN BHD Ceekay Shipping Sdn Bhd

Citation

BA-24NCvC-691-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-691-04/2024 (Mahkamah Tinggi)

The court found the requirements of Order 24 r 7A(3) and r 8 were satisfied on the facts, concluded pre-action discovery may extend beyond merely determining viability of a claim and must be assessed on its factual matrix, and held the survey reports were commissioned in the ordinary course (standard routine) not for the dominant purpose of litigation; accordingly the documents were not protected by litigation privilege and the Plaintiff's application for pre-action discovery was allowed with costs of RM3,000.
10 Oct 2024

OCBC BANK (MALAYSIA) BERHAD 1. ) YONG HONG DEVELOPMENT SDN. BHD. 2. ) PT HUP SDN BHD 3. ) JOHNSON CHONG TZUNG TSEN 4. ) HO KOK SENG 5. ) TEE WEE MING 6. ) TEE WEE SING 7. ) TEO SIEW PHIN 8. ) NG MING YEE 9. ) LOW HWEE HUAT 10. ) JS VALUERS

Citation

JA-22NCVC-17-01/2016 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-17-01/2016 (Mahkamah Tinggi)

The application for discovery is dismissed because the applicant is barred by res judicata and issue estoppel from seeking documents previously determined to be protected by litigation privilege and confidentiality; additionally, the BNM documents are irrelevant, inadequately specified, not demonstrably in the Bank's possession and amount to a fishing expedition therefore not producible.
31 Jan 2024

Run Drift Trading Sdn Bhd Westports Malaysia Sdn Bhd

Citation

BL-B54-2-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B54-2-03/2023 (Mahkamah Sesyen)

Court granted pre-action discovery in part, holding that the requested documents relating to container identification, location, ownership, contents, movement logs, list of affected containers and insurance/adjuster reports are relevant and necessary to enable the plaintiff to identify potential defendants, causation and quantum; adjuster reports are not automatically protected by litigation privilege and must be disclosed where necessary; defendant must permit inspection of original copies of responsive documents in its possession, custody or power within 14 days; costs of the application an…

Malaysia Case Law

CS ECO GLASS (M) SDN BHD Ceekay Shipping Sdn Bhd

OCBC BANK (MALAYSIA) BERHAD 1. ) YONG HONG DEVELOPMENT SDN. BHD. 2. ) PT HUP SDN BHD 3. ) JOHNSON CHONG TZUNG TSEN 4. ) HO KOK SENG 5. ) TEE WEE MING 6. ) TEE WEE SING 7. ) TEO SIEW PHIN 8. ) NG MING YEE 9. ) LOW HWEE HUAT 10. ) JS VALUERS

Run Drift Trading Sdn Bhd Westports Malaysia Sdn Bhd