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2015 MarsdenLR 1689

HIGH COURT MALAYA SHAH ALAM
TIOW WENG THEONG – Appellant
Versus
MELAWANGI SDN BHD & OTHER CASES – Respondent


Table of Content
1. details on the discovery applications and the background of the case. (Para 1 , 5 , 6 , 7)
2. discussion on legal rules governing discovery applications. (Para 2 , 13)
3. relevance and necessity of documents for discovery are highlighted. (Para 3 , 4 , 9 , 10 , 11 , 12)
4. criteria for granting discovery defined. (Para 8 , 14)
Gunalan Muniandy JC:

[1] These are similar discovery applications by the defendants in the above named four suits against the common plaintiff/respondent pursuant to O 24 r 12 and/or O 92 r 4, Rules of 2012 (" ROC ").

[2] An order for discovery in any cause or matter is governed by O 24 r 3 ROC which states that:

"Order for discovery (O 24, r 3)

3. (1) Subject to the provisions of this rule and of rr 4 and 8, the Court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.

(4) The documents which a

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