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HIGH COURT MALAYA KUALA LUMPUR
LIM KEONG YEW & ANOR – Appellant
Versus
TAN SRI LIM KOK THAY & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs challenge the will executed by deceased. (Para 1 , 2 , 3 , 4 , 5) |
| 2. validity challenges to the last will based on capacity and undue influence. (Para 6 , 7 , 10) |
| 3. discovery application for documents against non-party. (Para 11 , 12 , 13) |
| 4. basis for the discovery request highlighted by plaintiffs. (Para 14 , 15 , 19) |
| 5. test of document relevance and specifics for discovery. (Para 20 , 21 , 22 , 23) |
| 6. legal privilege maintains confidentiality post-mortem. (Para 30 , 31 , 32 , 34) |
[1] Before me, is an application in Encl 11 filed by the plaintiff for the discovery of documents against the legal firm of The Lai Lai Partnership ("TLLP"), which is not a party to this suit. The application for discovery against a stranger to an action is not unusual since it is provided for in the Rules of Court 2012 (" ROC "). Order 24 r 7A(2) of the provides that:
An application after the commencement of proceedings for an order for the discovery of documents by a person who is not a party to the proceedings shall be made by a notice of application, which shall be served on that person personally and on every party to the proceedings.
[2] The application is supported by
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