NATASHA BEVERLY DENTAL SDN BHD v ARLENA PHILIP LEE

wa-12ancvc-189-12-2023 High Court (Mahkamah Tinggi) 9 October 2024 • WA-12ANCvC-189-12/2023

Catchwords

Interlocutory appeal. Discovery application. Improper third-party disclosure. Procedural error. Fishing expedition. Legal control of documents. This is an interlocutory appeal against an order granting discovery of documents from the defendant and two third-party companies. The High Court allowed the appeal, holding that the plaintiff had invoked the wrong procedural provision by seeking discovery from non-parties under Order 24 rules 3 and 7 instead of rule 7A of the Rules of Court 2012. The Court found that the documents were not in the defendant’s possession or control and the application amounted to a fishing expedition. The trial court had erred in law by granting the discovery.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

NATASHA BEVERLY DENTAL Sdn Bhd Appellant Arlena Philip Lee Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancvc-189-12-2023)