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Checking relevance for OSRAM OPTO SEMICONDUCTORS (MALAYSIA) SDN BHD vs NG SYEN UUN & ORS (ENCL 36)...
OSRAM OPTO SEMICONDUCTORS (MALAYSIA) SDN BHD vs NG SYEN UUN & ORS (ENCL 36) - 2022 MarsdenLR 2034
: Yes, discovery can be made to strengthen one''''s case. The purpose of discovery under Order 24 is to allow parties to obtain relevant material that can support their case, ascertain the nature of the case, and narrow the issues to be litigated between the disputing parties. As held in InRHB Bank Berhad v. Mohd Niza Abdul Mubin & Anor, discovery is the process of finding out material facts from the adverse party in order to know and to ascertain the nature of the case and/or in order to support his own case and/or to narrow the issues to be litigated.Checking relevance for BANK PEMBANGUNAN MALAYSIA BERHAD vs SIDQI AHMAD SAID AHMAD & ORS (ENCLS 2 44 106 179 714 730)...BANK PEMBANGUNAN MALAYSIA BERHAD vs SIDQI AHMAD SAID AHMAD & ORS (ENCLS 2 44 106 179 714 730) - 2025 MarsdenLR 2341
: Discovery can be made to strengthen one''''s case, particularly in fraud cases involving misappropriated funds. Courts have recognized that comprehensive discovery is essential for effective asset tracing, especially when there is strong evidence of fraud. The principle established in Bankers Trust Co v. Shapira confirms that ''''unless there was the fullest possible disclosure the fund could not be traced,'''' and this applies even in complex modern banking environments. Discovery is permitted against third parties where there is a prima facie case of fraud and a real prospect that the information sought might lead to the location or preservation of assets to which the plaintiff is making a proprietary claim. Therefore, discovery serves as a critical tool to strengthen a party''''s case by enabling the identification and protection of misappropriated funds.Checking relevance for BANK PEMBANGUNAN MALAYSIA BERHAD vs SIDQI AHMAD SAID AHMAD & ORS (ENCLS 2 44 106 179 714 730)...BANK PEMBANGUNAN MALAYSIA BERHAD vs SIDQI AHMAD SAID AHMAD & ORS (ENCLS 2 44 106 179 714 730) - 2025 MarsdenLR 863
: Discovery can be made to strengthen one''''s case, particularly in fraud allegations, as comprehensive discovery is warranted to trace misappropriated funds. The court confirmed that discovery orders may be granted against third parties involved in fraudulent transactions to trace misappropriated funds, regardless of their direct involvement in the original transaction. This is supported by the principle established in Bankers Trust Co v. Shapira, which holds that ''''unless there was the fullest possible disclosure the fund could not be traced.'''' Discovery is permitted where there is very strong evidence to support a prima facie case of fraud and good grounds for thinking the money belongs to the plaintiff, and where there is a real prospect that the information sought might lead to the location or preservation of assets to which the plaintiff is making a proprietary claim.Checking relevance for ALL KURMA SDN BHD vs TEO HENG TATT & ORS...ALL KURMA SDN BHD vs TEO HENG TATT & ORS - 2024 MarsdenLR 672
: Yes, discovery can be made to strengthen one''''s case. Under Rule 7(3)(b)(iii) of the Rules of Court 2012, a party may seek discovery of a document that could support another party''''s case, which directly enables the seeking party to strengthen its own position by obtaining evidence that may be used to challenge or bolster its arguments. The court emphasized that discovery is not limited to documents that merely harm the opposing party, but also includes those that may support another party''''s case, as such documents can be essential for a fair and complete presentation of facts. This principle was applied in the case where the defendant sought documents previously relied upon by the plaintiff’s expert, which were found to be relevant and necessary for the defendant’s defense, thereby strengthening the defendant’s ability to respond to the plaintiff’s claims.Checking relevance for CHAN LENNON vs TAN HUEY ZI...CHAN LENNON vs TAN HUEY ZI - 2025 MarsdenLR 3558
: Yes, discovery can be made to strengthen one''''s case. Under Order 24, Rule 3(4)(b)(iii) of the Rules of Court 2012, documents that support another party''''s case may be ordered to be discovered. The court in this case affirmed that the November 2022 bank statement was necessary for establishing the Respondent’s claims related to fund transfers, thereby supporting their case. The ratio decidendi confirms that discovery is permissible when documents are relevant and necessary, including those that support a party’s own case, as long as they are not part of a ''''fishing expedition'''' and meet the necessity criterion.
