Malaysia Case Law: Decisions & Judgments

GLOCOM MARKETING PTE LTD MYBRUSH INDUSTRIES SDN. BHD. PENCELAH V.S. INDUSTRY BERHAD

Citation

JA-22NCC-23-03/2023 (Mahkamah Tinggi)

Court

High Court

Case number

JA-22NCC-23-03/2023 (Mahkamah Tinggi)

Although the Court has power under Aturan 24 KKM 2012 to order third‑party disclosure, the Defendan failed to satisfy the cumulative requirements of direct relevance/necessity, evidence of possession/custody/power, and appropriate timing; the application was filed late, risked unfairness and was oppressive in scope and therefore the Court exercised its discretion to refuse the application.

7 Sept 2021

NORHAYATI BINTI MOHD ARIFFIN (NO. K/P : 730225-10-5992) 1. ) KHOR YI SHUEN (NO. K/P: 910505-07-5837) 2. ) ROSLAN BIN REMELI 3. ) KANESON A/L MAGANATHAN 4. ) AZAHAR MUDA 5. ) ABD RAHMAN BIN ATAN 6. ) MOHD RAZMAN RAMLI 7. ) AHMAD FAUZI BIN SA

Citation: WA-21NCVC-79-11/2019 (Mahkamah Tinggi)
Court: High Court
Case number: WA-21NCVC-79-11/2019 (Mahkamah Tinggi)

Application for disclosure (Lampiran 32) dismissed because the documents sought were not specifically identified and the request amounted to a fishing expedition; additionally the documents sought (police SOPs/protocols) were potentially confidential/classified and their disclosure could be injurious to public interest and is subject to protection under the Official Secrets Act and s36 Government Proceedings Act; therefore disclosure refused and costs awarded to defendants, with the underlying claim to proceed to full trial.