CHANDRIKA A/P MURUGAIAH v AMMETLIFE INSURANCE BERHAD
Catchwords
Civil Procedure — Interrogatories — Application for leave — Order 26 r 1 Rules of Court 2012 — Whether proposed interrogatories relate to matters in question — Whether interrogatories necessary for fair disposal of action or saving costs — Scope of permissible interrogatories — Distinction between factual admissions and legal argument — Whether interrogatories amount to fishing expedition — Whether interrogatories oppressive or argumentative — Partial allowance of interrogatories — Court’s discretion to allow interrogatories selectively Civil Procedure — Discovery — Request for documents appended to interrogatories — Whether proper procedural basis for discovery invoked — Whether Court may grant discovery absent formal Order 24 application — Refusal of discovery on procedural grounds — Liberty to file proper discovery application Insurance Law — Mortgage Reducing Term Assurance (MRTA) — Rejection of claim — Alleged non-disclosure of medical history — Alleged oral disclosure to bank officer — Role of bank officer in insurance application — Whether bank officer acted as agent of insurer — Whether knowledge of agent attributable to insurer — Relevance of agency to liability for non-disclosure Evidence — Interrogatories — Purpose of interrogatories — Whether interrogatories designed to obtain admissions — Whether interrogatories seek facts within peculiar knowledge of opposing party — Whether interrogatories improperly seek legal opinion or narrative explanation Practice and Procedure — Interlocutory application — Pre-trial case management — Proper use of interrogatories — Avoidance of premature evidential inquiry — Separation between interrogatories and trial evidence — Case management discretion to confine issues
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncvc-13-05-2025)