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2019 MarsdenLR 813

HIGH COURT MALAYA KUALA LUMPUR
HOW CHEE HONG – Appellant
Versus
CHONG JOO TIAN & ORS – Respondent


Petitioner Advocates:Nathan Narayanasamy ,Respondent Advocate: Enoveetha Bhaskaran

Table of Content
1. the plaintiff sought relief based on claims of privilege. (Para 1 , 2)
2. defendants argue the plaintiff misused the legal process. (Para 4 , 5 , 6 , 7 , 8)
3. court reviews procedural correctness regarding originating summons. (Para 9 , 10 , 11 , 12)
4. legal professional privilege is crucial for client interactions. (Para 23 , 24 , 26 , 27 , 28)
Nordin Hassan J:

Introduction

[1] The Plaintiff filed an Originating Summons seeking among others, the following reliefs:

(i) A declaration that the Defendants direction vide letter dated 25 July 2017 to the Plaintiff to comply with the directions given on 2 June 2017 would require the Plaintiff to breach client and solicitor privilege and is contrary to ss 126 to 129 of the Evidence Act 1950 and/or the common law of client and solicitor privilege;

(ii) A declaration that the Defendants statement in the letter dated 25 July 2017 in para 40 therein that the Plaintiff had not raised the issue of client and solicitor privilege is misguided and incorrect as the Plaintiff had stated that the documents were confidential but was denied an opportunity to orally submit on the same as requested.

(iii) That notwithstanding the above, a d

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