The court established that the discovery of documents requires a document's existence, relevance, and possession by the party against whom the order is sought, while also affirming the necessity of documents for fair proceedings.

JUDGMENT

Awang Armadajaya Awang Mahmud JC:

(Enclosure 93)

Introduction

[1] This is an application for discovery of documents pursuant to O 24 rr 3 & 7 Rules of 2012 by the Defendant for the documents purportedly in the possession of the Plaintiff.

[2] The Orders sought are as follows:

a. The Plaintiffs are hereby ordered to make and served on the Defendant a list of documents that are currently or have been in their control, custody or possession in relation with or in connection to this action pursuant to .

b. That the Plaintiffs are hereby ordered within 14 days from the date of the Order file and served on the Defendants' solicitors a copy of the following documents:

(i) OCBC Bank (Malaysia) Bhd (295400-W) Fixed Deposit account No 711-314743-8;

(ii) OCBC Bank (Malaysia) Bhd (295400-W) Savings account 711-250459-8;

(iii) OCBC Bank (Malaysia) Bhd (295400-W) current account 711-118585-5;

(iv) OCBC Bank (Malaysia) Berhad (295400-W) Unit Trust account no 711-500664-5;

(v) Public Islamic Bank Bhd (14328-V) Fixed Deposit account 1801685908;

(vi) Public Islamic Bank Bhd (14328-V) Current account: 3989853326;

(vii) Public Bank Berhad (6463-H) Fixed Deposit Account No: 1135255601;

(viii) Public Bank Berhad (6463-H) Fixed Deposit Account No 4228752830;

(ix) Public Mutual Berhad (23419-A) Investment account no 031640887;

(x) Public Mutual Berhad (23419-A) Investment account no 890063125;

(xi) Public Mutual Berhad (23419-A) Investment account no 031671333;

(xii) Public Mutual Berhad (23419-A) Investment account no 041453903;

(xiii) Bank of China (Malaysia) Berhad (511251-V) Fixed Deposit Account: 100000400159532);

(xiv) Bank of China (Malaysia) Berhad (511251-V) Fixed Deposit Account: 100000400192343;

(xv) Bank of China (Malaysia) Berhad (511251-V) Current Account: 100000400159521;

(xvi) Hong Leong Bank Berhad (97141-X) Fixed Deposit Account No: 06660012250; and

(xvii) Hong Leong Bank Berhad (97141-X) Current account number: 06600071732.

c. Copies of the Statement of Joint Accounts of the Plaintiffs in Hong Leong Berhad account no 33301035764 from 3 March 2020.

d. Cost in the Cause.

e. Other reliefs that the Court deems fit and just.

[3] The Cause Papers for the Application pursuant to Encl 64 are as follows:

i. The Writ of Summons dated 16 April 2019 (Encl 1).

ii. The Statement of Claims dated 16 April 2019 (Encl 2).

iii. The Statement of Defence of the 1st Defendant dated 21 May 2019 (Encl 6).

iv. The Reply to the Statement of Defence of the 1st Defendant dated 4 June 2019 (Encl 7).

v. The Notice of Application dated 17 December 2020 (Encl 93).

vi. Affidavit-in-support dated 17 December 2020 (Encl 94).

vii. Affidavit-in-reply dated 5 January 2020 (Encl 95).

viii. Affidavit-in-response dated 18 January 2020 (Encl 96)

Background Facts

[4] The 1st Plaintiff is an individual whose address of service is at No 32-C, Jalan Bakri, 84000 Muar, Johor and is currently a trustee to the Nam Hai Thian Choon Terng Chinese Temple (hereinafter is known as "the said Temple").

[5] The 2nd Plaintiff is an individual whose address for service is No 4, Jalan Abdul Rahman, 84000 Muar, Johor and also a current trustee for the said Temple.

[6] On the 13 July 2018, one Goh Siew Huay (National Registration Identity Card no 390310-01-5272 / 0067424) passed away ("the deceased trustee") leaving a purported Will dated 10 July 2018 ("the Will") which is the subject matter of the dispute.

[7] The Temple is a House of Worship built on or about 1936 by an Upasika Zhang Hui-De with the assistance of a group of Bhuddist devotees, who aim (among others) is to spread the Teachings of Buddhism.

[8] On 24 January, the Temple was registered as a member of the Buddhist Association of Malaysia whose registration number is PPM-002-07-13091957 with the membership number J28/2882.

[9] The Temple has and / or is a Temple Building which was built on the land which is held under the Title 50529 Lot 4722, Bandar Maharani, District Muar, Negeri Johore, ("Lot 4722"), Title 50530 Lot 4723, Bandar Maharani, District Muar, Negeri