Discovery requests must be relevant and proportionate, avoiding undue burden and ensuring efficient case management.

JUDGMENT

Nik Hasmat Nik Mohamad J:

(Enclosure 30)

Introduction

[1] This is the Petitioner Wife's ("PW") discovery application for the Respondent Husband's ("RH") production of his bank statements from HSBC and Standard Chartered Bank and, the RH's fixed deposit account in Bank of China (Malaysia).

[2] The PW's aforesaid discovery application as per encl 30 was made by way of a Notice of Application dated 6 September 2021 and, made pursuant to O 24 r 3 and/or O 92 r 4 of the Rules of 2012 ("the Rules").

Factual Background

[3] The PW and RH were married on 23 September 2004 at Thean Hou Temple Kuala Lumpur and were blessed with two children, a son, Khoo Min Hong and a daughter, Khoo Luo Yi, aged 12 and, 6 years old.

[4] The RH was claimed by the PW to have a fixed deposit account in the Bank of China totalling RM500,000.00, savings of RM800,000.00, and petty cash in safety box RM300,000.00.

Cause Papers

[5] The relevant cause papers filed by both parties are as follows-

a. The PW's Notice of Application dated 6 September 2021 ("Enclosure 30");

b. The PW's Affidavit in Support by Cho Sok San affirmed on 6 September 2021 ("Enclosure 31");

c. The PW's Affidavit in R eply by Cho Sok San affirmed on 13 October 2021 ("Enclosure 32"); and

d. The RH's Affidavit in Reply by Khoo Owt Lee affirmed on 30 September 2021 ("Enclosure 37").

The Pw's Enclosure 30 Discovery Application

[6] By way of encl 30, the PW claimed for the following sought reliefs:

1. in paragraph (1) the RH's disclosure of documents by serving on the PW a list of relevant documents for the action herein in his possession or custody together with an affidavit to verify the list pursuant to O 24 r 3 and/or O 92 r 4 of the Rules;

2. in paragraph (2) the RH's affirmation and filing of an affidavit within 7 days of the Court order herein stating, whether or not the RH and the cited persons have possession, custody or control of the specified documents namely:

(a) a copy of the RH's Standard Chartered Bank account no 910194745439 from 2016 to date;

(b) a copy of the RH's HSBC bank statement account no 20330472011 from 2016 to date;

(c) a copy of the RH's three fixed deposit accounts in Bank of China (Malaysia) account numbers 100000401868390-001­01, 100000401868390-002-01 and, 100000401868390-003­01;

3. in paragraph (3) in the event that the documents specified in paragraph (2) is in the possession, custody or control of the RH, the RH within 7 days of the Court order is required to produce to the Court and to serve on the PW; and

4. in paragraph (4) in the event that the RH failed to comply with the Court order within the specified time, the RH's defence to the divorce petition and the RH's cross petition is to be dismissed and, Judgment to be entered accordingly.

[7] The PW's appeal herein is only in respect of part of the Court's Judgment dated 16 November 2021 which granted the PW's discovery application for prayers in paragraph (2) not from the date sought (by the PW) ie, 2016 until to date.

Judgment Of The Court And Grounds Of Judgment

[8] In granting the PW's discovery application for prayers in paragraphs (1), (2) and (3) and, dismissal of paragraph (4) of the PW's Enclosure 30, the Court considered and concluded the following grounds:

1. For prayer in paragraph (2), the Court had ordered the disclosure of bank statements and three fixed deposit accounts from the date of the filing of the encl 30 application herein ie, September 2021 until November 2021 and not from the date sought by the PW ie, from 2016 until to date.

2. In ordering for the aforesaid disclosure to be effected from September 2021 until the Judgment dated November 2021, the Court took cognisance of the RH's contention that, the encl 30 application is unsubstantiated and generally constitutes mere bare averment. The RH further contended that the PW's discovery application was solely to verify the RH's denial of his purported RM800,000.00 savings, RM500,000.00 fund in the Bank of China and, RM300,000.00 cash in the deposit box.

3.