P.G. DORAISAMY A/L P.GOPAL v 1. ) Andre Chin Kwan Boon 2. ) Lenny Velintino a/l James 3. ) AmInvestment Bank Berhad 4. ) Kenanga Investment Bank Berhad 5. ) Affin Hwang Investment Bank Berhad 6. ) TA Securities Holdings Berhad

wa-22ncc-379-06-2024 High Court (Mahkamah Tinggi) 6 January 2025 • WA-22NCC-379-06/2024

Catchwords

Purchase of shares – The Plaintiff claims – had paid substantial sums of monies to the 1st and 2nd Defendants or through the 3rd to 6th Defendants to purchase shares in a public listed company known as Kumpulan Jetson Berhad – Plaintiff suggests – Defendants did not transfer the shares. O.24, r.3 or 7 – Discovery of documents – not allowed if it is shown to be a fishing expedition – Counsel for the Plaintiff seeks to find documents as to what happened to the said funds and how they were utilized to support its claim against the 3rd to 6th Defendants. Elements for an order for discovery – There must be a "document" – The document must be "relevant" – The document must be or have been in the "possession, custody or power" of the party against whom the order for discovery is sought – the application of discovery should only be allowed if it is an issue of relevance to the claim at hand. Order 24 rule 8 Rules of Court – The order for discovery should only be allowed if it is necessary. Whether it is necessary – The ultimate test – Whether discovery is necessary for disposing fairly of the proceedings or for saving costs.

Practice Areas

Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Parties (7)

Affin Hwang Investment Bank Berhad Defendant AmInvestment Bank Berhad Defendant Kenanga Investment Bank Berhad Defendant TA Securities Holdings Berhad Defendant Andre Chin Kwan Boon Defendant Lenny Velintino a/l James Defendant P.g. Doraisamy a/l P.gopal Plaintiff

Judgment

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Source: eJudgment (wa-22ncc-379-06-2024)