Xylem Water Solutions Malaysia Sdn Bhd v Pembinaan C.H Teguh Sdn Bhd

pa-22ncvc-141-09-2024 High Court (Mahkamah Tinggi) 8 March 2026 • PA-22NCvC-141-09/2024

Catchwords

1. This is the Judgment of this Court in respect of Enclosure 85, which is the Plaintiff’s application for discovery and inspection of certain documents pursuant to Order 24 rules 3, 5, 7, 8, 8A, 9, 11, 12, 13, 16 of the Rules of Court 2012. 2. A defining feature of the present application is the procedural stage at which it was made and heard. The application was filed on 23 December 2025 and came up for hearing before this Court on 3 February 2026, by which time the trial has already progressed substantially. 3. The Plaintiff has closed its case after calling its sole witness. The Defendant, in turn, had called two witnesses, and the Court was in the midst of hearing the evidence of the Defendant’s third witness, who was undergoing cross-examination. The Defendant has indicated its intention to call four further witnesses, and the continued trial dates have been fixed on 12 March 2026 and 19 March 2026. 4. It is therefore beyond dispute that the present application was made at an advanced stage of the trial. 6. This gives rise to two related questions: (a) whether an application for discovery and inspection is legally permissible at this stage of the proceedings; and (b) if so, whether the Plaintiff has demonstrated sufficient justification for the exercise of this Court’s discretion in its favour, having regard to considerations of fairness, prejudice, and the interests of justice.

Judges (1)

Choong Yeow Choy Delivered

Parties (2)

Pembinaan C.H Teguh Sdn Bhd Defendant Xylem Water Solutions Malaysia Sdn Bhd Plaintiff

Judgment

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Source: eJudgment (pa-22ncvc-141-09-2024)