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2013 MarsdenLR 1378

HIGH COURT MALAYA JOHOR BAHRU
MOHD NASSIR OTHMAN – Appellant
Versus
DATO ABDUL RAHMAN OTHMAN & ORS – Respondent


Table of Content
1. application for judicial review and document discovery. (Para 1 , 2)
2. rules governing discovery in judicial review. (Para 3 , 4 , 5)
3. details of the charge and relevance of documents. (Para 6 , 7 , 8)
4. discussion on the nature of judicial review. (Para 9 , 10)

[1] This is an application made under O 53 r 6, Rules of 2012 (' ROC ') for discovery and inspection of documents in relation to an application for judicial review. The application was for an order that the first and second respondents be compelled to produce or cause discovery to be made of the following documents:

i) A full copy of the passport of one Vietnamese national by the name of Nguyen Thi Anh Minh;

ii) Disembarkation card of the same person; and

iii) Minutes/notes of evidence and records of the disciplinary proceedings against the applicant ('A').

[2] The application for judicial review was for an order of declaration or certiorari against the decision of the first respondent as the Chairman of the Disciplinary Board, Support Group (No 1) of the Immigration Department Malaysia and the decision on appeal by the second respondent, the Secretary of the Public Service Disciplinary Appeals Board, Public

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