Malaysia Case Law

24 Jun 2024

H A Y H E R

Citation

WA-24F-358-12/2023 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24F-358-12/2023 (Mahkamah Tinggi)

Application dismissed because the Plaintiff sought personal identifying information rather than discoverable documents; the Plaintiff failed to prove the Defendant had or had had the documents in her possession, custody or power; and the Plaintiff failed to show a bona fide cause of action against the Defendant as vicarious liability was improbable (the individuals were independent contractors) and alternative avenues (police, Head of Security Zarol) were not pursued.

• Pre-action discovery
• Order 24 rule 7a
• Originating summons intitulement requirements (order 7 r.2(1a))
• Possession custody or power
• Distinction between documents and information
• Norwich pharmacal / third party disclosure