PH 385 SDN BHD v JPS HOLDINGS SDN BHD

wa-24ncvc-1689-04-2025 High Court (Mahkamah Tinggi) 16 September 2025 • WA-24NCvC-1689-04/2025

Catchwords

This is a discovery application. The defendant argues, in its objection, that the plaintiff made its discovery application under the wrong procedure under the Rules of Court 2012 ("ROC"). According to the defendant, in order to make an application under Order 24 rule 7 of the ROC, the plaintiff must first make an application under Order 24 rule 3 of the ROC, which is the preceding application for general discovery. The plaintiff failed to do so since it relied only on Order 24 rule 7. The Court finds that an order under this rule cannot be made for any cause or matter before an order under Order 24 rule 3 of the ROC has first been obtained against that party. As such, the plaintiff's application should be dismissed in limine for failing to comply with a mandatory precondition.

Practice Areas

Civil Procedure

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (2)

JPS HOLDINGS Sdn Bhd Respondent PH 385 Sdn Bhd Applicant

Judgment

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Source: eJudgment (wa-24ncvc-1689-04-2025)