JUDGMENT

Elizabeth M. Chapman JC:

The plaintiff in this summons in chambers application seeks further discovery of documents listed in the schedule to the summons in chambers. The grounds of the application are as contained in the affidavit of Wan Habib Syed Mahmud affirmed on 13 December 1995. Essentially, the documents that the plaintiff seeks to discover are:

(1) copies of licences terminated and/or revoked in 1987 including letters revoking or terminating such licences.

(2) all other licences granted or subsisting in 1987.

The affidavit of Wan Habib Syed Mahmud states that the revocation of the licence was motivated and/or precipitated by circumstances of the time, and not based on any precipitated breach of the licence and/or the Forest Ordinance and that the documents which the plaintiff now seeks to discover are relevant for the purpose of consideration against the fabric of the political climate in Sarawak at the material time - see para.7(c).

The plaintiff had in his statement of claim pleaded, inter alia, a breach of the rules of natural justice and that the revocation was in breach of the terms of the licence. There was however no plea that the plaintiff had his licence