ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD
Catchwords
ABSTRACT Appellant sought discovery of tenancy documents in a misrepresentation claim regarding the sub-letting authority. The Sessions Court dismissed the application after the Respondent denied the existence of the document, claiming only a consultant role. On appeal, fresh evidence showed Respondent had exhibited a Tenancy Agreement dated 9 December 2022 in separate proceedings—directly contradicting its denial. High Court found three-part test satisfied: documents exist (proven by Respondent's exhibit), relevant to misrepresentation claims, and in Respondent's possession/power. Court rejected fishing expedition and privity arguments. Appeal allowed with costs; discovery ordered. ________________________________________ KEYWORDS Discovery; O 24 ROC 2012; fresh evidence; three-part test.
Judges (1)
Parties (2)
Case Significance
ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 21, 2025 (citation: wa-12ancvc-66-05-2025). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Discovery; O 24 ROC 2012; fresh evidence; three-part test..
What was the outcome of ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD?
ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD is a High Court decision dated October 21, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12ancvc-66-05-2025)