HIGH COURT MALAYA SHAH ALAM
BLACKSPACE SDN BHD – Appellant
Versus
MITCHELL WONG POU YEE & ORS – Respondent
JUDGMENT
Introduction
[1] This is the plaintiff's application in encl 53, on the ground of non-compliance with a discovery order. This Notice of Application is made pursuant to O 24 r 16 of the Rules of 2012. The Plaintiff is seeking to strike out the defendants' defence.
The Overriding Issue
[2] The overriding issue in this application is whether there has been a failure to comply with the discovery order made by this Court on 26 March 2025 (as reflected in encl 47).
The Applicable Law
[3] The key provision which is the focal point of the present application is O 24 r 16 of the Rules of 2012. It expressly states as follows:
Failure to comply with requirement for discovery (O 24, r 16)
16. (1) If any party who is required by any of the foregoing rules, or by any order made thereunder, to make discovery of documents or to produce any documents for the purpose of inspection or any other purpose fails to comply with any provision of that rule or with that order, as the case may be, then, without prejudice, in the case of a failure to comply with any such provision, to r 11(1), the Court may make such order as it thinks just including, in particular, an order that the
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