ALLINON ADVANCE TECHNOLOGY SDN BHD v 1. ) TETUAN KAMARUDIN & PARTNERS 2. ) GOBINDRAN A/L THIRUNAVAKARASU 3. ) ATLASINAR SDN BHD 4. ) MOHD JAMAL BIN HAJI OMAR 5. ) AFFIN BANK BERHAD
wa-22ncvc-88-02-2022 High Court (Mahkamah Tinggi) 10 November 2024 • WA-22NCvC-88-02/2022 • 20 min read
32 cases cited
(2 SG, 30 foreign)
Catchwords
[1] This is the Plaintiff’s application for discovery dated 22nd March 2024 (Enclosure 68) against the 5th Defendant (D5), pursuant to Order 24 Rule 3 of the Rules of Court, 2012 (ROC 2012) and/or Order 24 Rule 7 of ROC 2012 and/or the inherent jurisdiction of this Court. This Court dismissed Enclosure 68, the reasons as deliberated. [2] Accordingly, this Court finds that an order for discovery can only be granted if the documents are relevant. As such, the documents sought must be identifiable and specific. At this stage, it is crucial to emphasise that documents requested in a discovery application must be clearly and specifically identified to ensure that the process remained fair and did not impose an undue burden on the opposing party. [3] For the above reasons, this Court finds that the discovery sought for by the Plaintiff was not necessary for the fair disposal of the action neither for saving cost. Furthermore, there was a delay in filing Enclosure 68 which was not explained. The Plaintiff has failed to discharge its burden to warrant disclosure of the Documents sought. In any event, the documents sought have either been produced or are wholly irrelevant for the fair disposal of this action. [4] After a thorough and careful evaluation of all the evidence presented, including written and oral submissions by learned Counsels, Enclosure 68 is dismissed with costs.
Judges (1)
Cases Cited (32)
SG (2)
[2004] SGHC 155 [2011] SGHC 223
MY (30)
[1993] 4 MLRH 380 [1994] 2 CLJ 581 [1996] 1 AMR 846 [1996] 1 MLJ 223 [1997] 1 CLJ 396 [2002] 3 MLRH 877 [2003] 1 AMR 633 [2003] 1 CLJ 434 [2003] 2 AMR 70 [2003] 2 MLJ 36 [2003] 2 MLRH 725 [2003] 5 CLJ 436 [2003] 5 MLJ 276 [2003] 7 CLJ 357 [2009] 5 MLJ 40 [2014] 5 AMR 285 [2014] 6 MLJ 31 [2014] 7 CLJ 597 [2015] 8 CLJ 1 [2015] 8 CLJ 470 [2015] MLJU 368 [2016] 1 MLJ 301 [2016] 10 MLJ 247 [2016] 2 MLRH 248 [2017] 8 CLJ 554 [2018] 5 AMR 321 [2019] 10 CLJ 516 [2019] 9 MLJ 775 [2022] MLJU 2676 [2023] 8 CLJ 858
Judgment
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