Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Norwich pharmacal relief

Legal area

Court

11 Apr 2022

NANYQISH LEGACY SDN BHD SINAR KARANGKRAF SDN BHD

Citation

DA-24NCvC-312-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-312-10/2021 (Mahkamah Tinggi)

The court found the plaintiff demonstrated a bona fide defamation cause of action, identified and described the documents sought, and showed those particulars were relevant and likely in the defendant's possession as publisher. The request was not a fishing expedition but necessary to identify potential defendants and to prepare pleadings. Exercising discretion under O.24 r.7A, the court ordered disclosure on specified terms and declined to make a costs order.
6 Oct 2020

1.Ho King Min 2.Thean Thin Ming 1.Lee Meng Leng 2.Lim Sin Lik 3.Michael Chin Tze Fui

Citation

WA-22NCC-124-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-124-03/2020 (Mahkamah Tinggi)

The court dismissed the defendants' striking out application because the statement of claim, even if imperfectly pleaded, disclosed some cause of action and was not plainly or obviously unsustainable; the court dismissed the plaintiffs' discovery application because the requested documents were not necessary for the fair disposal of the suit or for saving costs, were overbroad, amounted to fishing and abuse of process (including misconceived reliance on O.24 r.7A after commencement), and the plaintiffs failed to show the defendants had custody, control or power over the numerous documents sou…