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HIGH COURT MALAYA KUALA LUMPUR
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Appellant
Versus
ANGKATAN KOPERASI KEBANGSAAN MALAYSIA BERHAD & ANOR – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction regarding discovery applications. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for and against d2's discovery application. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. historical context and statutory basis for discovery. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. distinction between discovery and interrogatories. (Para 23 , 24 , 25 , 26 , 27) |
| 5. relevance and necessity of documents sought. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 6. application deemed abusive and oppressive. (Para 34 , 35 , 36 , 37 , 38) |
Introduction
[1] This Court is called upon to determine the second defendant's ("D2") application for discovery, filed pursuant to O 24 of the Rules of Court 2012 ("the Rules") via encl 386 ("the Application"). Through this Application, D2 seeks disclosure of documents relating to certain Islamic financing facilities granted by the plaintiff, Bank Kerjasama Rakyat Malaysia Berhad. The purpose, as stated, is to support D2's contention that the plaintiff's present action constitutes an abuse of the Court's process. The plaintiff resists the Application, asserting that it is, in substance, a veiled attempt to obtain interrogatories, tha
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