2018

2017

Cases

BANDAR UTAMA DEVELOPMENT SDN BHD & ANOR v. BANDAR UTAMA 1 JMB
Court of Appeal, Putrajaya
Hamid Sultan Abu Backer, Abdul Rahman Sebli, Mary Lim Thiam Suan JJCA
[Civil Appeal No: B-02(A)-1303-07-2017]
26 June 2018
[2018] 4 MLRA 345

JUDGMENT

Hamid Abu Backer JCA:

[1] The appellants appealed against the decision of the learned High Court Judge who had allowed the respondent's application for pre-action discovery pursuant to O 24 r 7A of the Rules of Court 2012 (ROC 2012).

[2] Both parties among other cases had relied on the Court of Appeal's case of Infoline Sdn Bhd v. Benjamin Lim Keong Hoe [2017] 4 MLRA 203; [2017] 6 MLJ 363; [2017] 8 CLJ 554, a judgment of Her Ladyship Dato' Mary Lim Thiam Suan who is also a panel member of this coram. The judgment extensively deals with the new provision of the Rules namely O 24 r 7A which was introduced and discussed in quite a number of cases from other jurisdictions. Those cases give a multifold ideas, views and opinions on how to exercise a discretion vested in the court and court alone. The articulate discussion of the relevant cases in our view will stand as some form of guidance for the trial court

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CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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