1. ) ENVIRO HEALTHCARE PTE LTD 2. ) PASTEL GLOVE SDN BHD v LAW SIAU WOEI BUKAN PIHAK-PIHAK KPMG PLT

aa-22ncc-17-10-2025 High Court (Mahkamah Tinggi) 29 April 2026 • AA-22NCC-17-10/2025 • 14 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

CIVIL PROCEDURE: Discovery – Applications for discovery and inspection of documents – Discovery against party and non-party under Order 24 rr 7A, 10 and 11 Rules of Court 2012 – Whether documents sought were relevant, necessary and proportionate – Whether application constituted a fishing expedition – Whether claim was fundamentally a contractual dispute arising from Share Sale and Purchase Agreement and profit guarantee provisions – Whether audited Net Loss After Tax (“NLAT”) figures triggered contractual obligation – Whether detailed accounting records, management accounts, inventory records, tax documents and operational reports were necessary – Whether auditors merely conducted sample-based review and expressed opinion on true and fair view – Discovery limited to Deed of Novation and Share Sale and Purchase Agreement – Non-party discovery allowed against company secretary for documents relating to defendant’s removal as director – Whether documents were relevant to a live issue and necessary for fair disposal of action.

Judges (1)

Moses Susayan Delivered

Counsel (6)

Chambers Of Koon Firm S N Nair & Partners Firm Sankara Narayanan a/l Sankaran Nair Counsel Plaintiff Sim Kok Yew Counsel Defendant Tan Yong Koon Counsel Defendant Wong Guo Jin Counsel Plaintiff

Parties (4)

ENVIRO HEALTHCARE PTE LTD Plaintiff PASTEL GLOVE Sdn Bhd Plaintiff Kpmg Plt Non Party Law Siau Woei Defendant

Statutes Cited

Companies Act 2016 (Cap 777)

Rules of Court 2012

Cases Cited (3)

MY (3)

[1993] 4 MLRH 380 [1993] MLJU 96 [1994] 2 CLJ 581

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-22ncc-17-10-2025)