Malaysia Case Law: Decisions & Judgments

Topic

Necessity test for discovery

Legal area

Court

29 Jan 2026

P.G. DORAISAMY A/L P.GOPAL TA Securities Holdings Berhad

Citation

W-02(IM)(NCC)-137-01/2025 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-137-01/2025 (Mahkamah Rayuan)

Discovery was necessary for fair disposal and saving costs in relation to documents evidencing receipt of deposits (First Category) and documents evidencing instructions/mandate (Second Category); secrecy provisions in SICDA 1991 s43 and FSA 2013 s133 do not prohibit disclosure of those categories because they do not concern third party depositor CDS account information; documents showing how funds were applied that would reveal third party CDS/trading account details (Third Category) remain protected and discovery of them is prohibited.
11 Nov 2025

1. ) NEWACTION MARKETING SDN BHD 2. ) TAN HENG TA LEE LUN TEONG

Citation

WA-22NCC-88-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-88-02/2025 (Mahkamah Tinggi)

The application for discovery was dismissed because the defendant failed to satisfy the court that the alleged Friendly Loan Agreement was or had been in the plaintiffs' possession, custody or power and failed to demonstrate that discovery was necessary for fair disposal or saving costs; the application was a fishing expedition. Costs of RM 5,000 awarded.
11 Nov 2024

ALLINON ADVANCE TECHNOLOGY SDN BHD 1. ) TETUAN KAMARUDIN & PARTNERS 2. ) GOBINDRAN A/L THIRUNAVAKARASU 3. ) ATLASINAR SDN BHD 4. ) MOHD JAMAL BIN HAJI OMAR 5. ) AFFIN BANK BERHAD

Citation

WA-22NCvC-88-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-88-02/2022 (Mahkamah Tinggi)

The discovery application was dismissed because the documents sought were overly broad and constituted a fishing expedition, the plaintiff failed to demonstrate necessity for fair disposal or cost saving under Order 24 Rule 8 ROC 2012, there was inordinate unexplained delay in applying for discovery and many requested documents were already produced or irrelevant; the plaintiff failed to discharge the burden required for an order for discovery.
1 Aug 2023

SIM CHENG HO 1. ) LEE YEN PIN 2. ) LEE YEN PIN BERNIAGA SEBAGAI PRIME MANAGEMENT & ADVISORY 3. ) FADZILAH ONG CHEE SEONG & ASSOCIATES

Citation

JB-12ANCvC-6-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCvC-6-06/2023 (Mahkamah Tinggi)

The court held the discovery sought was not necessary or sufficiently connected to the pleaded factual issues (misrepresentation alleged to have occurred in 2013) and thus Order 24 r.8 permitted refusal; the Sessions Judge correctly dismissed the discovery application and the appeal is dismissed with costs.
26 May 2023

TAN SRI DATO' KAM WOON WAH 1. ) HANNAH KAM ZHEN YI 2. ) Ong Yue Guan PENCELAH C.Y. TEN & CO

Citation

WA-22NCvC-140-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-140-03/2018 (Mahkamah Tinggi)

The application was dismissed because the court exercised its discretion under Order 24 r.8 and found the documents were not necessary at this stage given the impending trial dates and that the issues to be tried had not been finalised, so discovery from non‑parties was not justified.
31 Jan 2020

Sailajah A/P Selveekam UM Specialist Centre Sdn. Bhd. & 2 Lagi

Citation

WA-24NCVC-1505-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1505-07/2019 (Mahkamah Tinggi)

Plaintiff's application was dismissed because she failed to satisfy O.24 r.7A: her supporting affidavits did not set out sufficient material facts of the intended proceeding, failed to specify relevant documents, and the defendants did not possess the medical records sought (they operated a medi‑spa providing cosmetic services), therefore discovery was unnecessary and would prejudice defendants.

Malaysia Case Law

P.G. DORAISAMY A/L P.GOPAL TA Securities Holdings Berhad

1. ) NEWACTION MARKETING SDN BHD 2. ) TAN HENG TA LEE LUN TEONG

ALLINON ADVANCE TECHNOLOGY SDN BHD 1. ) TETUAN KAMARUDIN & PARTNERS 2. ) GOBINDRAN A/L THIRUNAVAKARASU 3. ) ATLASINAR SDN BHD 4. ) MOHD JAMAL BIN HAJI OMAR 5. ) AFFIN BANK BERHAD

SIM CHENG HO 1. ) LEE YEN PIN 2. ) LEE YEN PIN BERNIAGA SEBAGAI PRIME MANAGEMENT & ADVISORY 3. ) FADZILAH ONG CHEE SEONG & ASSOCIATES

TAN SRI DATO' KAM WOON WAH 1. ) HANNAH KAM ZHEN YI 2. ) Ong Yue Guan PENCELAH C.Y. TEN & CO

Sailajah A/P Selveekam UM Specialist Centre Sdn. Bhd. & 2 Lagi