JUDGMENT

This is an application by summons in chambers by the plaintiff for discovery and production of documents under O 24 r 12 and 13 of the Rules of the High Court 1980 (RHC). The application is for an order that the defendant be ordered to produce a report known as the adjuster's report. The report was prepared on the instruction of the defendant to determine the claim by the plaintiff who had suffered loss and damage to the stock-in-trade in the premises of Chin Seng Supermarket during the flood in November 1979. This application arose in the course of the trial of the main suit. In the suit, the defendant denied the liability and the quantum claimed. Encik Omar Bakhi Ahmad, learned counsel for the defendant, objected to the application on the ground of privilege and that the report if produced, would prejudice the defence. Encik R.G. Naidu, for the plaintiff, argued that the adjuster's report was an independent report and not privileged from disclosure. He further said that the report was necessary to support the plaintiff's claim.

The only relevant provision in our Evidence Act 1950 (the "Act") governing professional privilege is section 126. The privilege is strictly limit