JUDGMENT

Alice Loke Yee Ching JC:

Introduction

[1] The Appellant in this appeal is the Third Party and the Respondent the 2nd Defendant, in the proceedings in the Sessions Court. For convenience, they will be referred to as in the Court below. The proceedings before me are in relation to two matters:

(i) an appeal filed against the decision of the Sessions Court to dismiss the Third Party's application for production and inspection against the 2nd Defendant; and

(ii) an application by the 2nd Defendant [Encl 4] to adduce new evidence for the purposes of the appeal.

Background Facts

[2] The dispute between the parties arose out of the following factual scenario.

[3] Sometime in early March 2018, the Plaintiff was keen to rent suitable premises for its recycling business. The premises was to be used as a plastic recycling processing plant.

[4] At the material time, the 1st Defendant was the main tenant of property identified as Lots 11779 and 11781, comprising of Blocks 1, 2, 3, 5 and an office premise at Jalan Ikan Mata Duyong, Teluk Gong, 42000 Port Klang, Selangor ("the Properties"). The 1st Defendant was interested to let out the properties, and engaged The Roof Realty Sdn Bhd.("Roof Real