Malaysia Case Law: Decisions & Judgments

LADANG VENU (M) SDN. BHD. D Pristine Medini Sdn Bhd

Citation

BA-22NCvC-187-05/2021 (Mahkamah Tinggi)

Court

High Court

Case number

BA-22NCvC-187-05/2021 (Mahkamah Tinggi)

The court exercised its discretion under Order 24 to allow the Plaintiff's application for production and inspection because the affidavit specifically described documents (Building Plans and CCC) that were relevant to issues in dispute, were believed to be in the Defendant's possession, and were necessary for the fair disposal of the suit; accordingly Defendant was ordered to produce the listed documents within 14 days and costs were awarded to the Plaintiff.

1 Nov 2022

KIEN YIAP TRADING SDN. BHD. 1. ) LEE KAI WUEN 2. ) LOW NANG HIANG [Notis Pemberhentian di Kandungan 18] PIHAK TERKILAN 1. ) Lee Yee Wuen 2. ) Guillaume Alexandre Beck 3. ) Benita Wong Shing Yee 4. ) keng yiap trading sdn bhd

Citation: JA-22NCC-30-06/2020 (Mahkamah Tinggi)
Court: High Court
Case number: JA-22NCC-30-06/2020 (Mahkamah Tinggi)

Enclosure 73 was allowed because, on the evidence and absence of an admissible rebuttal affidavit, the documents sought were, on the balance of probabilities, in the possession or control of KY and were relevant to core issues (possible payments by defendants on behalf of KY and breach/misappropriation allegations). Enclosure 52 was dismissed because KY's request was overbroad, oppressive, amounted to a fishing expedition, and sought confidential documents relating to SH88 that would prejudice defendants and give the plaintiff unfair advantage; earlier disclosed materials by defendants showed…