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2023 MarsdenLR 435

HIGH COURT MALAYA KEDAH
SHASHIKALA SEGARA – Appellant
Versus
AIA GENERAL BHD – Respondent


Petitioner Advocates:M Humavathy ,Respondent Advocate: Chris Lim Yen Hao

Table of Content
1. application for discovery of relevant documents. (Para 1 , 6 , 10 , 12)
2. context of the application, including the claim details and respondent's position. (Para 2 , 3 , 4 , 5)
3. court's observation on necessity and compliance with procedural rules. (Para 8 , 15 , 20)
4. final ruling permitting the discovery with provisions. (Para 11)
5. identification of errors in prior ruling regarding necessity vs fairness. (Para 24)
Chan Jit Li J:

[1] Enclosure 14 is an application by the defendant for discovery of documents pursuant to O 24 r 3 of the Rules of (ROC).

Discovery and inspection of documents.

1. ....

3. Order for discovery (O 24 r 3)

(1) Subject to the provisions of this rule and of rr 4 and 8, the Court 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.

(2) (There is no paragraph (2))

(3) (There is no paragraph (3))

(4) Th

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