Perbadanan Kemajuan Negeri Selangor (PKNS) v 1. ) PORT KLANG GOLF RESORT SDN.BHD 2. ) PORT KLANG GOLF RESORT MANAGEMENT BERHAD 3. ) LEISURE GROUP RESORT & HOTEL SDN BHD 4. ) LIM BEE KHIM 5. ) LIM BEE LING BUKAN PIHAK-PIHAK NORTHPORT (MALAYSIA) BHD.
Catchwords
Civil procedure - the 1st and 2nd Defendants’ application for an order of discovery against a third party. Discovery – incumbent upon the 1st and 2nd Defendants to satisfy the court that all the conditions for the discovery have been met - documents sought for discovery must be clearly and specifically identified to ensure fairness in the discovery process - by having the Documents described in general terms shows that the 1st and 2nd Defendants are pursuing a broad, sweeping and "catch-all" order against Northport - this approach if it is permitted would set a dangerous precedent by lowering the established threshold for discovery application and allowing parties to pursue vague and unfounded requests under the pretext of unfamiliarity would undermine the safeguards designed to prevent fishing expeditions in a discovery application - the failure to identify the Documents with sufficient specificity would render this application as a fishing expedition which the courts have repeatedly and consistently disapproved of and held it to be impermissible - the 1st and 2nd Defendants must not use this application to trawl the insufficiently identified documents with the hope of finding something relevant or useful to bolster their case.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-22ncvc-37-09-2023)