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.
Practice Areas
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.
Judges (1)
Parties (2)
Case Significance
ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 21, 2025 (citation: wa-12ancvc-66-05-2025). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Discovery; O 24 ROC 2012; fresh evidence; three-part test..
What was the outcome of ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD?
ALLIMI BIN UDIN v TWA (MALAYSIA) SDN BHD is a High Court decision dated October 21, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.