Malaysia Case Law: Decisions & Judgments

Topic

Order 24 rules of court 2012

Legal area

Court

8 Jul 2025

1. ) STRONGHOLD CYCLES SDN BHD 2. ) NG CHIK VOON 3. ) TAN SWEE HOE 4. ) CHENG TEN SIONG 5. ) KOAY KUAN KING 1. ) GOH KIAN SIN 2. ) JUAN CHOW WEE 3. ) DIDI RESOURCES SDN BHD 4. ) SOO TONG YAM & SONS REALTY SDN BHD 5. ) MESSRS. SHAW & CO 6. )

Citation

BA-22NCvC-75-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-75-02/2023 (Mahkamah Tinggi)

The court dismissed the discovery application because the plaintiffs failed to demonstrate that the requested documents were relevant and necessary for the fair disposal of the suit or for saving costs under Order 24 Rules 8 and 13; documents evidencing how distributorships were obtained or import/payment records for an account of profits were unnecessary at this stage and premature absent established liability.
14 Dec 2023

1. ) SAFAR EHSAN BIN MOHAMAD 2. ) MUHAMMAD HAKIMMIE BIN MOHD IDRIS 1. ) JOHN DOE 2. ) MUHAMMAD IMRAN SHARWANDY BIN SUWANDI YAZID 3. ) [Ketua Polis Negara] 4. ) Kementerian Dalam Negeri (KDN) 5. ) Kerajaan Malaysia

Citation

NA-21NCvC-8-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

NA-21NCvC-8-08/2022 (Mahkamah Tinggi)

Application for discovery was dismissed because plaintiffs failed to prove the documents existed and were in defendants' possession or control, the requests were too general and amounted to a fishing expedition, and police investigation documents are confidential/privileged under Section 131 Evidence Act 1950 and therefore not disclosable; costs awarded in the cause.
10 Nov 2023

1. ) THAI ODYSSEY SDN. BHD. 2. ) THAI ODYSSEY GROUP SDN. BHD. 3. ) DIN TAN YONG CHIA 4. ) DION TAN YONG CHIEN 5. ) JARED ANG TZER SHEN 6. ) DIANA TAN SHEIK NI 1. ) CHUAH SEONG KEAT 2. ) THUAN CHEW BOON 3. ) CHOO KIM WONG 4. ) LAI YIP POON 5

Citation

WA-22NCC-218-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-218-05/2021 (Mahkamah Tinggi)

The discovery application was dismissed because it was filed with an inordinate and unjustified delay and the applicants failed to show the documents sought met the required tests: many categories were irrelevant or unnecessary for a fair disposal, several requested categories concerned third-party records not in the plaintiffs' possession, and numerous requests were overbroad and amounted to a fishing expedition; granting discovery at that stage would be oppressive, cause prejudice and delay trial.
7 Nov 2023

MALAYAN BANKING BERHAD 1. ) DSE CONSTRUCTION SDN. BHD. 2. ) HO HUP CONSTRUCTION COMPANY BERHAD PIHAK TERKILAN KUMPULAN LIZIZ SDN BHD

Citation

AA-22NCC-10-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCC-10-09/2022 (Mahkamah Tinggi)

The application for general discovery was allowed because the three-fold test (existence, relevance, possession) was satisfied, the application was not untimely or prejudicial, and equitable fairness required disclosure to a non-borrower party implicated jointly and severally; disclosure granted with the qualification that Maybank must mark in its verifying affidavit any document not within its knowledge or possession. Costs awarded to applicant, costs in the cause.
20 Jun 2023

PEMPETISYEN EWE KHAY GUAN CHIN OI KHIUN

Citation

PA-33-114-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-114-03/2021 (Mahkamah Tinggi)

The court exercised its discretion under Order 24 ROC 2012 and held that the Respondent had specified identifiable documents which were relevant and necessary to determine the Petitioner's financial capacity and the status of the parties' matrimonial assets, the documents were in the Petitioner's possession or control, and the application was not a fishing expedition; accordingly the discovery order as particularised was necessary for fair disposal and was granted with no order as to costs.
23 May 2022

KANNAN A/L MURUGESU VICKNESHARAN A/L KANNAN

Citation

BA-22NCvC-19-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-19-01/2022 (Mahkamah Tinggi)

The court exercised its discretion under Order 24 to allow the Defendant's application because the Defendant identified particular documents, established a belief they were or had been in the Plaintiff's possession/custody/power, and demonstrated that those documents are relevant and necessary for a fair disposal of the action (ownership and dealings in the cars); accordingly discovery and inspection of the documents listed in Lampiran 'A' was ordered and the Defendant was ordered to bear the costs of the application.
23 Sept 2021

Nissei Build Asia Pte. Ltd. M.A. Intelligent Parking (M) Sdn Bhd & 3 Ors

Citation

WA-22NCC-535-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-535-10/2020 (Mahkamah Tinggi)

The court found the documents in Appendices A and B exist and are in the defendants' possession, are relevant to the pleaded issues (operation, management, assets, finances and governmental dealings over Lot 43) and are necessary for a fair disposal under Order 24 of the Rules of Court 2012; accordingly discovery was ordered against the 1st and 4th defendants with an extended compliance period of 30 days and costs in the cause.

Malaysia Case Law

1. ) STRONGHOLD CYCLES SDN BHD 2. ) NG CHIK VOON 3. ) TAN SWEE HOE 4. ) CHENG TEN SIONG 5. ) KOAY KUAN KING 1. ) GOH KIAN SIN 2. ) JUAN CHOW WEE 3. ) DIDI RESOURCES SDN BHD 4. ) SOO TONG YAM & SONS REALTY SDN BHD 5. ) MESSRS. SHAW & CO 6. )

1. ) SAFAR EHSAN BIN MOHAMAD 2. ) MUHAMMAD HAKIMMIE BIN MOHD IDRIS 1. ) JOHN DOE 2. ) MUHAMMAD IMRAN SHARWANDY BIN SUWANDI YAZID 3. ) [Ketua Polis Negara] 4. ) Kementerian Dalam Negeri (KDN) 5. ) Kerajaan Malaysia

1. ) THAI ODYSSEY SDN. BHD. 2. ) THAI ODYSSEY GROUP SDN. BHD. 3. ) DIN TAN YONG CHIA 4. ) DION TAN YONG CHIEN 5. ) JARED ANG TZER SHEN 6. ) DIANA TAN SHEIK NI 1. ) CHUAH SEONG KEAT 2. ) THUAN CHEW BOON 3. ) CHOO KIM WONG 4. ) LAI YIP POON 5

MALAYAN BANKING BERHAD 1. ) DSE CONSTRUCTION SDN. BHD. 2. ) HO HUP CONSTRUCTION COMPANY BERHAD PIHAK TERKILAN KUMPULAN LIZIZ SDN BHD

PEMPETISYEN EWE KHAY GUAN CHIN OI KHIUN

KANNAN A/L MURUGESU VICKNESHARAN A/L KANNAN

Nissei Build Asia Pte. Ltd. M.A. Intelligent Parking (M) Sdn Bhd & 3 Ors