ALI SAID HAMDAN AL RAWAHI v 1. ) AHMAD BIN HASSAN 2. ) MALAYAN BANKING BERHAD

ba-22ncvc-61-02-2025 High Court (Mahkamah Tinggi) 16 December 2025 • BA-22NCvC-61-02/2025 • 20 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

CIVIL PROCEDURE: Discovery of Documents- documents sought are relevant and necessary- whether the Plaintiff has exhausted or made proper attempts to obtain the documents- abuse of process or a fishing expedition- bank-customer confidentiality- public interest considerations- discovery and banking rules into prospective-Order 24 of the Rules of Court 2012 (RC 2012)-Delay and conduct of the Plaintiff for non-enforcement or lack of active monitoring of company affairs.

Practice Areas

CIVIL PROCEDURE: Discovery of Documents- documents sought are relevant and necessary- whether the Plaintiff has exhausted or made proper attempts to obtain the documents- abuse of process or a fishing expedition- bank-customer confidentiality- public interest considerations- discovery and banking rules into prospective-Order 24 of the Rules of Court 2012 (RC 2012)-Delay and conduct of the Plaintiff for non-enforcement or lack of active monitoring of company affairs.

Judges (1)

Shoba Rajah a/p Dorai Rajah Delivered

Counsel (6)

Chambers of Solehuddin & Ozier Firm Rabinder Budiman & Associates Firm Yong & Rakan Rakan Firm Mohd Ozier Farhan Bin Mohd Khanafeh Counsel Defendant Shantini Koshy a/p Cherian Koshy Counsel Third Party Tok Hong Chen Counsel Plaintiff

Parties (3)

MALAYAN BANKING BERHAD Defendant Ahmad bin Hassan Defendant Ali Said Hamdan Al Rawahi Plaintiff

Case Significance

ALI SAID HAMDAN AL RAWAHI v 1. ) AHMAD BIN HASSAN 2. ) MALAYAN BANKING BERHAD is a High Court (Mahkamah Tinggi) decision dated December 16, 2025 (citation: ba-22ncvc-61-02-2025). <p>A foreign director and shareholder of Bidara Flour Sdn Bhd sought third-party discovery from Malayan Banking Berhad for bank statements to prove alleged forgery of a board resolution authorizing RM1,000,000 withdrawal. The High Court dismissed the application, finding the plaintiff failed to prove the bank was the exclusive custodian, had not exhausted attempts to obtain records from the company, and the nearly 10-year delay weighed against granting discovery.</p> The case was decided by Shoba Rajah a/p Dorai Rajah. Counsel appearing: Mohd Ozier Farhan Bin Mohd Khanafeh (counsel for defendant), Shantini Koshy a/p Cherian Koshy (counsel third party), Tok Hong Chen (counsel for plaintiff).

Summary

A foreign director and shareholder of Bidara Flour Sdn Bhd sought third-party discovery from Malayan Banking Berhad for bank statements to prove alleged forgery of a board resolution authorizing RM1,000,000 withdrawal. The High Court dismissed the application, finding the plaintiff failed to prove the bank was the exclusive custodian, had not exhausted attempts to obtain records from the company, and the nearly 10-year delay weighed against granting discovery.

What was the outcome of ALI SAID HAMDAN AL RAWAHI v 1. ) AHMAD BIN HASSAN 2. ) MALAYAN BANKING BERHAD?

<p>A foreign director and shareholder of Bidara Flour Sdn Bhd sought third-party discovery from Malayan Banking Berhad for bank statements to prove al...

Statutes Cited

Financial Services Act 2013
s 133(1)
Rules of Court 2012

Cases Cited (12)

UK (2)
[1924] 1 KB 461 [1973] 3 WLR 164
MY (10)
[1993] 2 MLJ 497 [1994] 2 CLJ 581 [2016] AMEJ 1889 [2017] 1 CLJ 179 [2018] MLJU 697 [2022] MLJU 892 [2023] 2 MLJ 851 [2023] AMEJ 1499 [2023] MLJU 1671 [2025] MLJU 1060