A discovery application must meet the criteria of relevance and necessity to be granted; overly broad requests are considered fishing expeditions and are not permissible.

(Discovery Application/Enclosure 68)

Introduction

[1] This is the Plaintiff's application for discovery dated 22 March 2024 (encl 68) against the 5th Defendant (D5), pursuant to O 24 r 3 of the Rules of Court, 2012 ( ROC 2012) and/or O 24 r 7 of 2012 and/or the inherent jurisdiction of this Court.

[2] This Court dismissed encl 68, the reasons as deliberated.

Brief Facts

[3] The Plaintiff filed their Statement of Claim on 10 February 2022 and on 22 February 2022, amended and filed Amended Statement of Claim. Thereafter, on 29 April 2022, the Plaintiff again amended and filed their Re-Amended Statement of Claim. D5 filed and served their Defence on the Plaintiff's solicitors on 29 March 2022.

[4] Due to the Plaintiff's Re-Amended Statement of Claim, D5 had subsequently amended and filed their Amended Defence on 20 May 2022.

[5] There were 11 pre-trial case managements on 14 November 2022, 9 January 2023, 20 February 2023, 27 February 2023, 15 March 2023, 13 June 2023, 13 September 2023, 16 October 2023, 15 November 2023, 19 December 2023 and 16 January 2024.

[6] D5 has produced their set of documents to the Plaintiff through their Proposed Bundle of Documents (D5's Proposed BOD) which was served on 11 October 2023 to the Plaintiffs' solicitors. The Common Bundle of Documents (CBD) was complied, filed and served by the Plaintiff's solicitors on 10 January 2024.

[7] On 18 December 2023, the Plaintiff filed and served a Notice to Produce dated 18 December 2023 to D5s' solicitors. D5 objected, on the basis that the documents sought to be discovered were far too wide, irrelevant and/or inappropriate.

[8] Approximately, three (3) months later after the Notice to Produce, the Plaintiff filed encl 68 on 22 March 2024.

[9] Accordingly, the Plaintiff is seeking for discovery of documents relating to the operation and/or management of an account number 100090150718 in the name of Atlasinar Sdn Bhd, the 3rd Defendant (D3), which was opened and maintained at D5 (Account). This Account was used and operated by D3 to receive payments totalling RM10,020,260.00 (Payments) from the Plaintiff, intended for the supply of nitrile gloves from D3, when it turned out that D3 has been wound up by the time the Payments were made into the Account.

[10] The documents sought for discovery are:

(i) Request (1) - List of Documents pertaining to the account opening forms and other documents relating to the Account;

(ii) Request (2) - List of Documents pertaining to any documents disclosing the identities of the authorised signatories to the Account;

(iii) Request (3) - List of Documents pertaining to any documents disclosing the identities of the authorised cheque signatories to the Account;

(iv) Request (4) - List of Documents pertaining to all bank statements in respect of the Account from opening of the Account, including July 2022, to this date;

(v) Request (5) - List of Documents pertaining to all entries in the books of the Account and the documentation relating to the inflow and outflow of funds from the Account;

(vi) Request (6) - List of Documents pertaining to all debit vouchers, fund transfers applications, bank GIRO payments, Real-time Electronic Transfer of Funds and Securities System (RENTAS) payments, telegraphic transfer, Bank order and any other related documents relating to the said Account from 1 December 2020 to this date;

(vii) Request (7) - List of Documents pertaining to all documents on the opening of and/or application of Automated Teller Mach