HIGH COURT MALAYA SHAH ALAM
BLACKSPACE SDN BHD – Appellant
Versus
MITCHELL WONG POU YEE & ORS (ENCL 9) – Respondent
JUDGMENT
Introduction
[1] This is an application by the Plaintiff in encl 9 for discovery of documents against the Defendants pursuant to O 24 of the Rules of 2012. The Plaintiff's main claims against the Defendants are for, inter alia, breaches of fiduciary duties, breaches of terms of employment contracts, misuse of confidential information, conspiracy to injure and unlawful interference with trade.
The Prevailing Issue
[2] The central issue in this application is whether the circumstances warrant this Court 's exercise of discretion to grant an order for discovery.
[3] In dealing with this key issue, a number of subsidiary issues emerge, and these include questions such as:
• Whether the Defendant has possession of the Requested Documents;
• Whether the Requested Documents are relevant to the facts in issue of this case;
• Whether such an order is necessary for the fair disposal of the matter; and
• Whether the Requested Documents are too wide and amount to a fishing expedition.
The Documents Sought
[4] The documents sought by the Plaintiff are as follows:
1. Penyata Bank D1 dan D2:
(a) Penyata bank peribadi yang tidak dihitamkan bagi semua akaun kewangan peribadi di ba
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