Sumathi a/p Chandrakumar v Kerajaan Malaysia

wa-24ncvc-3344-09-2024 High Court (Mahkamah Tinggi) 25 November 2024 • WA-24NCvC-3344-09/2024 • 5 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

1. The Plaintiff applied for discovery against the Defendant the Government of Malaysia for her medical records kept at the Sultan Ismail Hospital, Johor Bahru (“the Hospital”). 2. The originating summons was made by virtue of Order 24 Rule 7A of the Rules of Court 2012 (“the Rules”). 15. Based on the factors above the Court regards the Plaintiffs’ application nothing more than a fishing expedition. 16. In the case of Dato Amar James Wong Kim Min & Anor V Pendaftar Pertubuhan [2004] 6 MLJ 235 the Court observed “To me the applicants must be specific to the documents they are requesting for disclosure. Otherwise, their application will turn out to be fishing expedition. This court is not going to issue the applicants the fishing license” 17. In the upshot the Court dismissed the Plaintiff’s Originating Summons albeit with no order as to cost.

Judges (1)

Akhtar bin Tahir Delivered

Counsel (3)

P.S. Ranjan & Co. Firm Abigail Sarah Kumar Counsel Plaintiff Muhammad Asraf bin Shahabuddin Counsel Defendant

Parties (2)

Kerajaan Malaysia Respondent Sumathi a/p Chandrakumar Applicant

Statutes Cited

Rules of Court 2012

Cases Cited (1)

MY (1)

[2004] 6 MLJ 235

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncvc-3344-09-2024)