[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 appeal and set aside the order of the High Court. Our reasons for doing so now follow and will constitute the judgment of the Court.

Background

[4] The background facts leading to the Discovery Application are not disputed and can be stated as follows. SJAM was a small