11 May 2021
LEE SIOU KEONG HO KA YI
- Citation
- BA-12ANCVC-15-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCVC-15-01/2021 (Mahkamah Tinggi)
The court dismissed the appeal for production because (a) production orders require necessity for fair disposal or cost saving and (b) discovery is limited to documents actually available or within the party's possession/custody/power; a lost Whatsapp cannot be ordered produced and an expert inspection at interlocutory stage is unnecessary. The court allowed the application to adduce a retrieved copy of the email as fresh evidence under O.55 r.7 because it was not available earlier and is relevant, thereby meeting the purpose of inspection without ordering originals.