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2019 MarsdenLR 1714

COURT OF APPEAL PUTRAJAYA
ERNST & YOUNG – Appellant
Versus
SJ ASSET MANAGEMENT SDN BHD & ANOR – Respondent


Petitioner Advocates:Gopal Sreenevasan,Kelvin Seet,Vendee Chai,Lim Lay Yee ,Respondent Advocate: Ang Hean Leng,Choy Kay Chun

Table of Content
1. exploration of conflicting policy issues on public interest immunity. (Para 1 , 3)
2. background of regulatory breaches by the fund manager. (Para 4 , 5 , 6 , 8)
3. discovery application details and high court's dismissal of claims. (Para 10 , 11)

[1] This appeal raises conflicting policy issues in relation to the right of discovery, including what we were told are novel questions of law in Malaysia pertaining to the application of the doctrine of public interest immunity in so far as disclosure of documents is concerned.

[2] The appeal arose as a result of the order of the Kuala Lumpur High Court dated 1 November 2017. The learned judge had dismissed the appellant's ("EY") application for discovery filed pursuant to O 24 r 3 and/or r 7 of the Rules of 2012 ("ROC 2012") ("Discovery Application"). In that Discovery Application, EY had sought for documents and information which were made available to the Securities Commission ("SC") during SC's supervisory assessment of the 1st respondent, SJ Asset Management Sdn Bhd ("SJAM").

[3] We heard the appeal on 5 September 2018. After hearing the parties and taking into consideration the written submissions, we allowed the app

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