Discovery in judicial review requires evidence of breach of public duty and must serve the interests of justice.

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 within seven (7) from the date of service of this Order produce the following documents:

(a) The Joint Venture Agreement entered between Yayasan Wilayah Persekutuan and Lakaran Ceria Sdn Bhd (2nd respondent) ("the JV Agreement") concerning the "Proposed construction of 720 apartment units which are housed in one block of 49 stories including a 5 stories podium which consists of 5 stories carpark, 23 units of 3 stories villa, residential facilities and 23 units of 4 stories villa which are housed in one block on Lot 9885, Jalan 3/51b, Mukim Setapak, Wilayah Persekutuan Kuala Lumpur' (hereinafter referred to as "Proposed Development") and/or

(b) Any legal instruments and/or documents referred to in the JV Agreement in relation to the Proposed Development.

2. In the event, the 1st respondent and/or the 2nd respondent do not have in their possession any documents referred to in para 1 (b) above, an affidavit to that effect must be filed by the 1st respondent and the 2nd respondent respectively.

[3] The reasons for my decision are as follows.

Background Facts

[4] The 1st applicant and 2nd applicant ("the applicants") are residents and property owners in Taman Tiara Titiwangsa which is a residential area comprising 250 bungalow units spread over an area of 50 acres and is adjacent to Taman Tasik Titiwangsa. The properties owned and resided by the applicants is also adjacent a piece of land held under the title No HSD 119612 No Lot PT 9885, Mukim Setapak District Kuala Lumpur ("Lot 9885"). This is the piece of land concerned with the Proposed Development.

[5] The 1st respondent is the Datuk Bandar Kuala Lumpur, a body corporate under Federal Capital Act 1960 for the Federal Territory of Kuala Lumpur. The 1st respondent is the authority that is conferred power to consider and approve any proposed developments in areas around the applicants' properties including Lot 9885. The power is conferred by the Federal Territory (Planning) Act 1982 ("the FTPA ") and Planning (Development) Rules 1970 ("PDR").

[6] The 2nd respondent, Lakaran Ceria Sdn Bhd is a company carrying on the business of housing development. The land, Lot 9885, is owned and registered under the name of Yayasan Wilayah Persekutuan. The 2nd respondent and Yayasan Wilayah Persekutuan have entered into a Joint Venture Agreement to develop Lot 9885.

[7] On 10 June 2019, the 2nd respondent made an application to the 1st respondent for a planning permission for the development of Lot 9885 according to the Proposed Development. The 1st respondent approved the application and on 20 December 2019 granted a development order for the Proposed Development. According to the 1st respondent the approval was given as the application was in accordance with Kuala Lumpur City Plan 2020 ("2020 Plan") on the land use and re