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