7 Nov 2024
CS ECO GLASS (M) SDN BHD Ceekay Shipping Sdn Bhd
- 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.