Malaysia Case Law: Decisions & Judgments

29 Mar 2021

1. GOH KIEN KIEN [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 2. GOH LIAN PHENG [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 1. TAY SIEW HWA [sued in the personal capacity and as the Deputy Chairman and

Citation: JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Court: High Court
Case number: JB-22NCVC-74-12/2018 (Mahkamah Tinggi)

The court applied the established threefold test for discovery (document, relevance, possession/custody/power) and the discretionary requirement that discovery be necessary or desirable; having compared the present application with earlier proceedings and considered relevance and possession, the court granted the application in part and ordered discovery only in respect of Public Bank Berhad Fixed Deposit Account No. 4228752830, finding the requisite elements satisfied for that specific account and that the remaining items were either previously dealt with or not necessary at this stage.

Discovery of documents
Relevance and possession for discovery
Order 24 rules 3 and 7
Necessity/desirability of discovery
Trust property held for a temple

Malaysia Case Law

LAW MAY HUI@JULIET TEE KEN PING

1. GOH KIEN KIEN [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 2. GOH LIAN PHENG [as a trustee for the Nam Hai Thian Choon Terng Chinese Temple] 1. TAY SIEW HWA [sued in the personal capacity and as the Deputy Chairman and