SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 MarsdenLR 471

HIGH COURT MALAYA KUALA LUMPUR
MOHAMAD YUSOF A BAKAR & ANOR – Appellant
Versus
DATUK BANDAR KUALA LUMPUR & ANOR – Respondent


Petitioner Advocates:Chang Wai Lik ,Respondent Advocate: M Nalani

Table of Content
1. findings on allowing discovery based on established criteria. (Para 3 , 21 , 23)
2. background on parties involved in the proposed development. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. legal standards governing discovery in judicial review. (Para 10 , 11 , 12 , 13 , 15)
4. discussion on conflict of interest affecting decisions. (Para 18 , 20 , 22)
5. final ruling on the discovery request. (Para 24)
Amarjeet Singh Serjit Singh J:

Introduction

[1] This judgment concerns an application for discovery dated 24 January 2022 made pursuant to O 53 r 6 of the Rules of 2012 (encl 90) in this judicial review proceedings. In this judgment all rules hereinafter stated refer to the Rules of Court 2012. The rule allows for discovery and inspection of documents according to O 24 of the said rules. However, as will be shown shortly, parties in judicial review proceedings face more difficulty seeking discovery compared with parties to ordinary writ actions notwithstanding the incorporation of O 24 in O 53 r 6.

[2] On 7 November 2022, after considering the submissions of the parties and cause papers, I allowed the application in the following terms:

1. The 1st respondent and/or the 2nd respondent w

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top