Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fraudulent transfers
  • 28 Aug 2020

    WANG ZHI YU & ORS TEO SUNG NGIAP & 6 ORS

    Citation
    WA-22NCC-443-08/2019 heard together with WA-22NCC-560-10/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-443-08/2019 heard together with WA-22NCC-560-10/2019 (Mahkamah Tinggi)

    The court dismissed all discovery and further and better particulars applications because the applicants failed to meet the necessity threshold under the Rules of Court: they did not show the documents were necessary for disposing fairly of the proceedings or saving costs, nor that the documents were in the possession, custody or power of the opposing party; the requests amounted to fishing for evidence and were oppressive given their timing shortly before trial; particulars sought were evidentiary not material facts; consequently the applications were refused and the matters were ordered to…