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1994 MarsdenLR 1174

HIGH COURT SABAH & SARAWAK MIRI
TAKONG TABARI – Appellant
Versus
GOVERNMENT OF SARAWAK & ORS – Respondent


Petitioner Advocates:M S Sandhu ,Respondent Advocate: Bernard Philip

JUDGMENT

Richard Malanjum J:

[1] In this application the plaintiff is seeking for an order that the defendant (and I take it to be the 1st defendant as the affidavit in support states so) produces for inspection the document namely 'Department Board of Inquiry Report marked "suit" containing findings of the Board, notes of interviews, relevant correspondence and document, photographs and diagrams (hereafter referred to as "the document")' to the plaintiff or her advocates and to permit them to peruse such document and to make copies thereof at such place, time and manner as may be stated in the order applied for.

[2] Briefly, the action of the plaintiff is connected with the explosion and fire on 16 February 1990 in the premises occupied by the 4th defendant whereby her husband suffered severe burns and died as a result.

[3] In its List of Documents dated 29 June 1994 the 1st defendant admitted having the document but has claimed privilege. And in the affidavit in opposition to this application (hereinafter called "the affidavit in opposition") sworn to by Benard @ Bernard ak Philip Lanat, a certificate signed by Datuk Michael Parker, the Director of the Sarawak Public Works Department

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