HIGH COURT MALAYA KUALA LUMPUR
YAYASAN KHAZANAH – Appellant
Versus
DINA IZAZI ZULQAISAR & ORS – Respondent
JUDGMENT
(Enclosure 11)
Introduction
[1] This was an application by the defendants seeking discovery of various documents pursuant to O 24 r 3 and 7 and/or the inherent jurisdiction of this Court under O 92 r 4 of the Rules of 2012. The documents sought relate primarily to correspondence, agreements and other materials concerning eight other scholarship holders of the plaintiff and their arrangements regarding deferment of scholarship bond service.
[2] The dispute between the parties relates to an alleged breach of a scholarship agreement by the defendants. The plaintiff alleged that the defendants had failed to fulfil their contractual obligations under the said agreement. In defence, the defendants alleged that the plaintiff had acted arbitrarily and unfairly. The defendants claimed that the plaintiff had refused to grant a deferment of the first defendant's scholarship bond service. According to the defendants, this refusal was discriminatory as the plaintiff had purportedly permitted similar deferments for other scholars under similar circumstances.
[3] After having carefully considered the application and submissions before me, I found the documents s
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