The Application

[1] The Plaintiff vide this Originating Summons (encl 1) is seeking an order for pre-action discovery of documents pursuant to O 24 r 7A of the Rules of 2012 ("ROC").

[2] The discovery sought is in respect of documents relating to a charge over land known as Lot 22, Section 48, Town and District of Kuala Lumpur held under CT 3114 ("the Property") given in favour of the Plaintiff sometime in 1976 ("the Charge") and in particular seeks discovery of:

(a) all documents pertaining to the title to the Property;

(b) all documents pertaining to the Charge;

(c) all documents pertaining to the open charge registered with the Companies Commission of Malaysia on 23 April 1976 under the 1st Defendant in favour of the Plaintiff ("CCM Charge"); and

(d) all documents evidencing the 1st Defendant's understanding that the 1st Defendant is deemed to have their shares pledged to the Plaintiff sold off and that the 1st Defendant is no longer in debt with the Plaintiff, as stated in the 2nd Defendant's email dated 26 August 2010.

[3] The grounds of the application are that:

(a) the Plaintiff has reason to believe that the Defendants had conducted themselves fraudulentl