Malaysia Case Law: Decisions & Judgments

Topic

Discovery and production of documents

Legal area

Court

18 Apr 2025

SANDGROUND SDN BHD 1. ) ERA BINA SDN BHD 2. ) MOHAMED FU'AD BIN ZAINAL ABIDIN 3. ) 'UZAIR BIN FAUZIDDIN 4. ) THE ROOF REALTY SDN BHD

Citation

BA-22NCvC-135-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-135-03/2024 (Mahkamah Tinggi)

2nd and 3rd Defendants wilfully and directly breached a peremptory Court order (the unless order) to produce original documents, their explanations were insufficient and implausible, the breach caused prejudice and amounted to contumelious non-compliance; the Court therefore properly exercised its discretion under Order 24 Rule 16(1) ROC to strike out their defences and enter judgment against them, with costs awarded.
18 May 2023

DATUK DR YUNUS GUL BIN ALIF GUL 1. ) WIJAYA REALTY SDN BHD 2. ) JEFRI BIN KASMAN 3. ) TETUAN NORA S.W.LAM & ASSOCIATES 4. ) MOHD RASHDAN BIN MAHFAR 5. ) RASHDAN MAHFAR ARCHITECT 6. ) Lim Chee Ming

Citation

JA-22NCvC-204-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-204-11/2019 (Mahkamah Tinggi)

The application for discovery was dismissed because the Plaintiff failed to establish relevancy and linkage between the 18 SPAs and the Plaintiff's property (different project names and location), and the unaffirmed affidavit filed by the defendant amounted to a remedial irregularity under Order 2 that did not occasion a substantial miscarriage of justice; therefore the threefold discovery test (document, relevance, possession) was not satisfied.
17 Feb 2021

DR ZAKIR ABDUL KARIM NAIK KULA SEGARAN A/L MURUGESON

Citation

WA-23CY-64-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-64-11/2019 (Mahkamah Tinggi)

Items (2), (3), (4), (5), (6) and (7) of Enclosure 29 are relevant and necessary for fair disposal and cost saving and therefore ordered produced because they relate directly to matters raised in the pleadings and are within the plaintiff's power to obtain; Items (1) (documents concerning permanent residency acquisition) and (8) (unspecified catch‑all request) were disallowed because Item (1) is irrelevant to the defamation action and Item (8) is impermissibly vague and a fishing expedition.
17 Nov 2020

MCC OVERSEAS (M) SDN BHD MALAYSIAN BANKING BERHAD & DUA LAGI

Citation

WA-24C(ARB)-28-08/2020 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-28-08/2020 (Mahkamah Tinggi)

The court ordered production of the appendices to the Plaintiff's Expert Report referred to and exhibited in the Plaintiff's affidavit because they fall within Order 24 rule 10 and are necessary for fair disposal; the voluminous nature of the documents is not a valid refusal ground; the expert's native files were not covered by the Notice to Produce and, although potentially relevant under O24 r11, are not necessary for fair disposal of this interlocutory OS and thus need not be produced now.
16 Jun 2020

BRAND ACE SDN BHD 1. ) RAPID RAIL SDN BHD 2. ) PRASARANA INTEGRATED DEVELOPMENT SDN BHD

Citation

WA-22NCVC-269-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-269-05/2017 (Mahkamah Tinggi)

Enclosure 28 was dismissed because the court found the requested documents (tenancy agreements, audited revenue reports 2011–2018, and emails) were not necessary for a fair disposal of the suit nor for saving costs under Order 24: tenancy agreements were not pleaded as material, audited consolidated reports were not in defendants' possession and would impose oppressive burden, emails originated from plaintiff and their loss does not shift plaintiff's burden; the application was also unacceptably delayed and amounted to a fishing expedition.

Malaysia Case Law

SANDGROUND SDN BHD 1. ) ERA BINA SDN BHD 2. ) MOHAMED FU'AD BIN ZAINAL ABIDIN 3. ) 'UZAIR BIN FAUZIDDIN 4. ) THE ROOF REALTY SDN BHD

DATUK DR YUNUS GUL BIN ALIF GUL 1. ) WIJAYA REALTY SDN BHD 2. ) JEFRI BIN KASMAN 3. ) TETUAN NORA S.W.LAM & ASSOCIATES 4. ) MOHD RASHDAN BIN MAHFAR 5. ) RASHDAN MAHFAR ARCHITECT 6. ) Lim Chee Ming

DR ZAKIR ABDUL KARIM NAIK KULA SEGARAN A/L MURUGESON

MCC OVERSEAS (M) SDN BHD MALAYSIAN BANKING BERHAD & DUA LAGI

BRAND ACE SDN BHD 1. ) RAPID RAIL SDN BHD 2. ) PRASARANA INTEGRATED DEVELOPMENT SDN BHD