ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD
Catchwords
ABSTRACT Appellant sought discovery of tenancy documents in a misrepresentation claim regarding the sub-letting authority. The Sessions Court dismissed the application after the Respondent denied the existence of the document, claiming only a consultant role. On appeal, fresh evidence showed Respondent had exhibited a Tenancy Agreement dated 9 December 2022 in separate proceedings—directly contradicting its denial. High Court found three-part test satisfied: documents exist (proven by Respondent's exhibit), relevant to misrepresentation claims, and in Respondent's possession/power. Court rejected fishing expedition and privity arguments. Appeal allowed with costs; discovery ordered. ________________________________________ KEYWORDS Discovery; O 24 ROC 2012; fresh evidence; three-part test.
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Judgment
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Read on eJudgmentSource: eJudgment (wa-12ancvc-66-05-2025)