MARITIME NETWORK SDN BHD v RHB BANK BERHAD

wa-24ncc-114-03-2025 High Court (Mahkamah Tinggi) 1 July 2025 • WA-24NCC-114-03/2025

Catchwords

pre-action discovery by the plaintiff against RHB pursuant to Order 24 rule 7A of the Rules of Court 2012-curb money laundering under the Financial Services Act 2013 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 200-Minimum Due Diligence Guide for Foreign Exchange Rules - Financial Institution-principles to be applied on pre-action discovery-from Order 24 rule 7A, Order 24 rule 8 and Order 24 rule 13 ROC 2012-The burden of proof lies on the plaintiff to show that the court should exercise its discretion to grant a pre-action discovery-In respect of a pre-action discovery for a defendant to disclose documents on the identity of the wrongdoers, the plaintiff should show that the defendant although not the wrongdoers, has somehow got mixed up in the tortious acts of that wrongdoers so as to facilitate their wrongdoings so that he comes under a duty to assist the plaintiff who had been wronged by disclosing the identity of the wrongdoers-In respect of a pre-action discovery for information contained in a document to be provided by a defendant the plaintiff must show that the information is necessary in order for him to determine if he can even commence legal action against the intended defendant. In such cases, the pre-action discovery order ought to be made to avoid unnecessary litigation thus saving costs, preventing wastage of time and resources which is what pre-action discovery seeks to achieve-To resist disclosure, the defendant can show that the plaintiff is on a fishing trip or fishing expedition-To resist disclosure, the defendant can also show that that there is some consideration of public policy which prevents him from making this disclosure. Consideration of public policy which can prevent him from making disclosure maybe that such disclosures would or might impair or hamper the efficient conduct of a defendant’s statutory duties. And secondly such disclosure would or might be prejudicial to those whose identity would be disclosed. The Court will then have to do a balancing act by examining the facts. On the whole, if a document would be discoverable in a discovery application filed once a suit is commenced, such a document should be discoverable in my view. Especially if its disclosure now is necessary in order for the plaintiff to determine if he can even commence legal action in the first place against an intended defendant. For in such cases, the pre-action discovery order ought to be made to avoid unnecessary litigation thus saving costs and preventing wastage of time and resources which is the very objective of Order 24 rule 7A ROC 2012-Apart from considerations of public policy that prevent disclosure, the defendant can also show that he is prevented by common law or some statute from making this disclosure. Statutory defences available are for example legal professional privilege under section 126 to 129 of the Evidence Act 1950 or documents and information protected under sections 2, 13A and 16a of the Official Secrets Act 1972- When ordering pre-action discovery, a defendant is entitled to his costs of the application, unless the Court orders otherwise, and of producing a copy each of the documents ordered on an indemnity basis-pre-action discovery is to assist a plaintiff who “does not yet know whether he has a viable claim against the defendant, and the rule is there to assist him in his search for the answer.” The word “viable” must not be understood to mean that the plaintiff is entitled to pre-action discovery for the purpose of augmenting his case or to “complete his entire picture of the case

Practice Areas

Judges (1)

Leong Wai Hong Delivered

Parties (2)

MARITIME NETWORK Sdn Bhd Applicant RHB BANK BERHAD Respondent

Case Significance

MARITIME NETWORK SDN BHD v RHB BANK BERHAD is a High Court (Mahkamah Tinggi) decision dated July 1, 2025 (citation: wa-24ncc-114-03-2025). The case was decided by Leong Wai Hong.

What was the outcome of MARITIME NETWORK SDN BHD v RHB BANK BERHAD?

MARITIME NETWORK SDN BHD v RHB BANK BERHAD is a High Court decision dated July 1, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.