Malaysia Case Law: Decisions & Judgments

Topic

Order 24 roc 2012

Legal area

Court

11 Nov 2025

1. ) NEWACTION MARKETING SDN BHD 2. ) TAN HENG TA LEE LUN TEONG

Citation

WA-22NCC-88-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-88-02/2025 (Mahkamah Tinggi)

The application for discovery was dismissed because the defendant failed to satisfy the court that the alleged Friendly Loan Agreement was or had been in the plaintiffs' possession, custody or power and failed to demonstrate that discovery was necessary for fair disposal or saving costs; the application was a fishing expedition. Costs of RM 5,000 awarded.
19 Feb 2025

PEMPETISYEN CHUAN SENG HUAT LEE TZIN TZIN

Citation

PA-33-328-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-328-08/2023 (Mahkamah Tinggi)

The court held the discovery application was partially granted: specific bank card statements (items 7, 8 and 9 in Lampiran A) bearing the petitioner's name are relevant and necessary to assess the petitioner's financial capacity and must be produced for the period from April 2012 or from date of card issuance (if later) until 03.07.2024; broader requests (items 1,2,3,4,5,6 and 10 and expansive travel document requests) were dismissed as too broad and constituted a fishing expedition; no order as to costs.
1 Aug 2023

SIM CHENG HO 1. ) LEE YEN PIN 2. ) LEE YEN PIN BERNIAGA SEBAGAI PRIME MANAGEMENT & ADVISORY 3. ) FADZILAH ONG CHEE SEONG & ASSOCIATES

Citation

JB-12ANCvC-6-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCvC-6-06/2023 (Mahkamah Tinggi)

The court held the discovery sought was not necessary or sufficiently connected to the pleaded factual issues (misrepresentation alleged to have occurred in 2013) and thus Order 24 r.8 permitted refusal; the Sessions Judge correctly dismissed the discovery application and the appeal is dismissed with costs.
21 Mar 2022

Lim Chin Yew 1. ) Lim Ching Liang 2. ) Lim Cheng Seng 3. ) Lim Cheng Sang

Citation

WA-22NCvC-239-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-239-04/2021 (Mahkamah Tinggi)

The court found the defendants satisfied the discovery thresholds: the documents sought were documents, relevant to matters in question (administration and financial status of the deceased's estate) and were, to the extent available, in the plaintiff's possession, custody or power; production was necessary for the fair disposal of the case because joint executors are entitled to be apprised of estate affairs when one co-executor seeks to remove others; accordingly the discovery order was granted with a reasonable production period and costs.

Malaysia Case Law

1. ) NEWACTION MARKETING SDN BHD 2. ) TAN HENG TA LEE LUN TEONG

PEMPETISYEN CHUAN SENG HUAT LEE TZIN TZIN

SIM CHENG HO 1. ) LEE YEN PIN 2. ) LEE YEN PIN BERNIAGA SEBAGAI PRIME MANAGEMENT & ADVISORY 3. ) FADZILAH ONG CHEE SEONG & ASSOCIATES

Lim Chin Yew 1. ) Lim Ching Liang 2. ) Lim Cheng Seng 3. ) Lim Cheng Sang