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2024 MarsdenLR 1470

HIGH COURT MALAYA SHAH ALAM
EKVE SDN BHD – Appellant
Versus
LAND ADMINISTRATOR DISTRICT OF GOMBAK & ORS AND ANOTHER CASE – Respondent


Petitioner Advocates:Alan Adrian Gomez,Micheal Yap Chih Hong,Haikaldin Mahyidin ,Respondent Advocate: Siti Radziah Kamarudin

JUDGMENT

Indra Nehru Savandiah JC:

Introduction

[1] This is an application by the appellants / 6th and 7th defendants in encl 308 for discovery of documents under O 24 rr 3, 5, 7, 9 and/or 10 of the Rules of the 2012 and/or upon the inherent jurisdiction of the Court under O 92 r 4 of the Rules of 2012 .

The Appellants / 6th and 7th Defendants Contentions

[2] The appellants have contended that the documents pertaining to the redesign and realignment of the ramp, which the plaintiff asserts as a mitigation effort, hold relevance. They assert that these documents substantiate their claim that the redesign or realignment of the ramp was unnecessary and posed a greater risk than the original design, as articulated in the appellants' reamended pleadings.

The Respondent / Plaintiff's Submissions

[3] The respondent argued that the documents sought by the appellants are irrelevant and unnecessary for the fair disposal of the case before this Court .

[4] The respondent argues that the discovery application is too broad and lacks specificity.

[5] The respondent also argues that there has been an excessive delay by the appellants in applying for the discovery of documents.

The Applicable Law and L


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