Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Relevancy and necessity test
  • 7 Nov 2024

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    Citation
    BA-24NCvC-691-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24NCvC-691-04/2024 (Mahkamah Tinggi)

    The court found the requirements of Order 24 r 7A(3) and r 8 were satisfied on the facts, concluded pre-action discovery may extend beyond merely determining viability of a claim and must be assessed on its factual matrix, and held the survey reports were commissioned in the ordinary course (standard routine) not for the dominant purpose of litigation; accordingly the documents were not protected by litigation privilege and the Plaintiff's application for pre-action discovery was allowed with costs of RM3,000.