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HIGH COURT MALAYA KUALA LUMPUR
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Appellant
Versus
ANGKATAN KOPERASI KEBANGSAAN MALAYSIA BERHAD & ANOR – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. issues raised in the application. (Para 7) |
| 3. d2's contentions on the relevance and need for discovery. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. historical context and legal framework of discovery. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court's analysis on the nature of discovery vs. interrogatories. (Para 23 , 24 , 25) |
| 6. relevance of documents to current suit. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. application deemed oppressive and abusive. (Para 35 , 36 , 37 , 38) |
Introduction
[1] This Court is called upon to determine the second defendant's ("D2") application for discovery, filed pursuant to O 24 of the Rules of Court 2012 ("the Rules") via encl 386 ("the Application"). Through this Application, D2 seeks disclosure of documents relating to certain Islamic financing facilities granted by the plaintiff, Bank Kerjasama Rakyat Malaysia Berhad. The purpose, as stated, is to support D2's contention that the plaintiff's present action constitutes an abuse of the Court's process. The plaintiff resists the Application, asserting that it is, in substance, a veiled attempt to obtain in
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