1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY 3. ) GIRONA VETERINARY SDN. BHD. 4. ) SOLE BIZ SDN. BHD.

wa-22ncc-609-09-2024 High Court (Mahkamah Tinggi) 9 June 2025 • WA-22NCC-609-09/2024

Catchwords

CIVIL PROCEDURE: Discovery – Documentary discovery – Scope of discovery in commercial litigation – Whether documents must be in possession, custody or power of party against whom discovery sought – Whether discovery application constitutes fishing expedition – Whether former shareholder has standing to seek corporate documents – Whether documents from wound-up company should be sought from liquidator rather than former directors – Whether burden of proof requirements satisfied – Whether alternative remedies available through proper procedural channels COMPANY LAW: Corporate personality – Wound-up companies – Document custody and preservation – Whether corporate documents belong with court-appointed liquidator upon winding up – Whether former directors retain possession of wound-up company's documents – Whether separate legal entity principle applies to document discovery – Whether corporate veil principles affect discovery rights CONSPIRACY: Commercial conspiracy – Corporate misappropriation – Burden of proof in conspiracy claims – Whether discovery necessary to establish conspiracy allegations – Whether systematic exclusion from corporate operations evidences conspiracy – Whether coordinated actions between defendants proven through documentary evidence EVIDENCE: Burden of proof – Shifting of evidential burden – Whether plaintiffs must prove case independently – Whether defendants required to assist in building case against themselves – Whether mere allegations in pleadings sufficient to establish possession of documents – Application of Evidence Act 1950 sections 101-103

Practice Areas

Judges (1)

Parties (6)

Case Significance

1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ... is a High Court (Mahkamah Tinggi) decision dated June 9, 2025 (citation: wa-22ncc-609-09-2024). The case was decided by Atan Mustaffa Yussof Ahmad.

What was the outcome of 1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ...?

1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ... is a High Court decision dated June 9, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.