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2016 MarsdenLR 2188

HIGH COURT MALAYA KUALA LUMPUR
BILLION PRIMA SDN BHD & ANOR – Appellant
Versus
NUTECH COMPANY LIMITED & ANOR (ENCL 57) – Respondent


[1] In this case, the 2 defendants in the Original Action (Defendants) have applied in Court Enclosure No 57 (Court Encl No 57) under O 24 r 7A of the Rules of 2012 (RC) for a discovery order against iRadar Sdn Bhd (Third Party) which is not a party in the Original Action and Counterclaim. I am not able to find a previous Malaysian case on the application of O 24 r 7A RC against a third party in a pending suit.

B. Court Encl No 57

[2] In Court Encl No 57, the Defendants applied for the following orders, among others:-

(1) with respect to the "BBScan Portal X-Ray Screening Machine" (BBScan System), the Third Party shall within 7 days from the date of an order of this Court, make an affidavit and serve on the Defendants' solicitors stating the following:-

(a) whether any of the documents or class of documents described in Schedule A to Court Encl No 57 (Schedule A Documents) are or had been in the possession, custody or power of the Third Party and if so, the details of such documents; and

(b) in the event any of Schedule A Documents are not in the possession, custody or power of the Third Party, the Third Party shall specify:-

(i) when the Third Party has parted with Schedule A Documents;

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