(Enclosure 138 - Discovery Application By The Defendant)

John Lee Kien How @ Mohd Johan Lee JC:

I. Facts Of The Case

[1] This is the Defendant's application for discovery pursuant to O 24 r 3 and O 24 r 7 of the Rules of 2012 ('the ROC ').

[2] The Plaintiffs have filed this suit against the Defendant ("this Suit") for the publication of defamatory statements against the Plaintiffs on various online websites and in an email dated 10 May 2019 to the 2nd Plaintiff, one Mohammed Salem and one Mohsen Rashed.

[3] The Defendant later brought a counterclaim ('the Counterclaim') against the 2nd to 5th Plaintiffs in relation to the shares sold by the Defendant to the HSA Group, which was allegedly sold at undervalue. The Defendant claimed that the 2nd Plaintiffs committed fraud and breach of fiduciary duties premised on alleged misrepresentation made by the 2nd Plaintiff. The Defendant also claimed that the 2nd Plaintiff had concealed the existence of a 2013 committee report ("the 2013 Committee Report") which prevented the Defendant from knowing the true value of the shares sold by the Defendant to the HSA Group.

[4] The Defendant filed the Counterclaim mainly for the difference between