JUDGMENT

Wong Kian Kheong J:

A. Background

[1] The plaintiff (plaintiff) is the widow of the late Mr Anthony Paul John Mather (Deceased).

[2] On 28 December 2017, the Deceased passed away while he was under medical treatment in Subang Jaya Medical Centre (SJMC).

[3] The plaintiff has filed this Originating Summons (OS) as the executrix, trustee and dependent of the Deceased against the defendant company (defendant) which owns and operates SJMC.

[4] This OS applies under O 24 r 7A (1) of the Rules of 2012 (RC) for the defendant to produce to the plaintiff all medical and patient records of the Deceased during the period of time when the Deceased was treated at SJMC (Records). The Records are needed by the plaintiff to decide whether a suit should be filed regarding the Deceased's death based on medical negligence. This OS is a "Pre-Trial Discovery Application" as explained in Billion Prima Sdn Bhd & Anor v. Nutech Company Limited & Anor, 2016 MarsdenLR 2188 .

[5] On 14 August 2018, the plaintiff and defendant entered into a consent order regarding the OS before Azimah Omar J (Consent Order). According to the Consent Order, the defendant shall deliver the Records to the plaintiff within 14