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2016 MarsdenLR 2188

HIGH COURT MALAYA KUALA LUMPUR
BILLION PRIMA SDN BHD & ANOR – Appellant
Versus
NUTECH COMPANY LIMITED & ANOR (ENCL 57) – Respondent


Table of Content
1. defendants sought discovery of documents related to a third party. (Para 1 , 2)
2. arguments presented by the defendants and the third party regarding document relevance. (Para 3 , 4 , 5 , 6)
3. court's duty in enforcing discovery applications against third parties. (Para 7)
4. court's discretion based on legal standards. (Para 8 , 9)
[1] In this case, the 2 defendants in the Original Action (Defendants) have applied in Court Enclosure No 57 (Court Encl No 57) under O 24 r 7A of the Rules of 2012 (RC) for a discovery order against iRadar Sdn Bhd (Third Party) which is not a party in the Original Action and Counterclaim. I am not able to find a previous Malaysian case on the application of O 24 r 7A RC against a third party in a pending suit.

B. Court Encl No 57

[2] In Court Encl No 57, the Defendants applied for the following orders, among others:-

(1) with respect to the "BBScan Portal X-Ray Screening Machine" (BBScan System), the Third Party shall within 7 days from the date of an order of this Court, make an affidavit and serve on the Defendants' solicitors stating the following:-

(a) whether any of the documents or class of documents described in Schedule A to Court

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