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HIGH COURT MALAYA KUALA LUMPUR
YAP SIN MOY – Appellant
Versus
PEMBINAAN YSL SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. application for documents prior to action. (Para 1 , 12 , 13 , 14) |
| 2. plaintiff's claims on rights and allegations. (Para 3 , 4 , 5 , 8 , 33) |
| 3. legal standards for granting discovery. (Para 16 , 19 , 22 , 27) |
| 4. conclusion on application merits. (Para 36 , 37) |
[1] This is the Plaintiff's application ("the OS") for a pre-action discovery pursuant to O 24 r 7A of the Rules of 2012 (" ROC ") against the Defendants for documents of the 1st and 2nd Defendants ("the companies") arising from a Will and her rights as shareholders in the companies.
[2] On 25 April 2018, this Court dismissed the application with costs and the reasons now follow.
Background Facts
[3] The Plaintiff was the companion of one Lee Lap Tiang ("the deceased") who passed away on 22 December 2015.
[4] The deceased is the husband of the 3rd Defendant and the father to the 4th to the 6th Defendants. The 3rd, 4th, 5th and 6th Defendants are the directors of the companies.
[5] The Plaintiff is named as a beneficiary in the Last Will and Testament ("the Will & Testament") of the deceased dated 26 November 2015. Her rights and entitlement under the Will & Testament are as follows:-
(a) 30% of
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