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2025 MarsdenLR 2006

HIGH COURT MALAYA MUAR
MTRUSTEE BERHAD – Appellant
Versus
TASHIMA DEVELOPMENT SDN BHD – Respondent


Petitioner Advocates:Phang Soon Mun,Tang Kian Khuang ,Respondent Advocate: Kenny Ang Joo Koon,Tang Kian Khuang,Adila Wan Omar

Table of Content
1. appeal concerning judgment debtor summons (Para 1 , 2 , 3)
2. background of the civil suits and judgments (Para 5 , 6 , 7 , 8 , 9 , 10)
3. procedural aspect of document production (Para 14 , 15 , 19 , 20 , 22)
4. importance of a complete financial disclosure (Para 18 , 24 , 25)
5. jd's argument against relevance of historical financial data (Para 28 , 30 , 31 , 32)
6. need for document relevancy in examination (Para 44 , 50 , 51 , 52)
7. appropriateness of court for commencing jds (Para 54 , 56 , 59)
8. decision of the sar is upheld; appeal dismissed (Para 61 , 63 , 65)
Suria Kumar DJ Paul J:

Introduction

[1] This is an appeal to the Judge in Chambers against the decision of the Senior Assistant Registrar relating to a Judgment Debtor Summons (JDS).

[2] It concerns documents which can be ordered by the Court to be produced by the Judgment Debtor in a Judgment Debtor Summons.

[3] Parties will be referred to as the Judgment Creditor (JC) and Judgment Debtor (JD) respectively.

[4] All the above three appeals were heard together. This judgment is for all three appeals.

Background Facts

[5] The JC had commenced three (3) individual civil suits in the Sessions Court for outstanding r

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