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Procedure:

Application
|
Ordered party to make
a list
|
Service of list
|
Verication by Adavit Applies when
(Form 39) requesting party want
GENERAL
| to knows ALL
O.24, R.3
Service of Adavit documents that are
| relevant
Ordered party to bind, i. With leave of Court
paginate, le and serve (O.26, R.1)
|
TYPES
Ordered party serve a
TYPES ii. Without leave of
notice to allow for
Court
inspection (if necessary)
(O.26, R.2)
|
Inspection of docs
i. To obtain admission
from other side
- Specic docs
SPECIFIC ii. To reduce issues in
-Done AFTER general
O.24, R.7 PURPOSE trial
discovery
iii. To shorten length of
trial
- Prevent Delay iv. To save cost
- Appraise strength or
weaknesses of one's
- Oppression
case PURPOSE
LIMITATION - Clarity or Relevancy
- Eliminate surprises
- Not shing in nature
- Ensure fair and just
disposal of case
- Scandalous or
Irrelevant
i. There must be a doc
- Not bona de
ii. Doc must be relevant; GROUNDS OF
YEKAMBARAN - Matters enquired are
and OBJECTION
MARIMUTHU V premature
iii. Doc must have CONDITIONS
MALAYAWATA STEEL - Matters enquired are
been /be in the
BHD priviledge
possession or the DISCOVERY BY DISCOVERY BY
DISCOVERY
requested party INSPECTION INTERROGATORIES

1. Ordered party is body


of person
- O. 24, R.15
(O.26, R.3)
- Wix Corporation South
2. Served on more than
East Sdn Bhd v Minister i. Public Interest
one party
of Labour and
(O.26, R.4)
Manpower & Ors
3. Served on agent or
servant
ISSUES
- S.126 Evidence Act (O.26, R.4)
- Government of the 4. Ordered party
LIMITATIONS refused to answer
State of Selangor v ii. Privileged Docs
Central Lorry Service & (O.26, R.5)
Construction Ltd 5. Ordered party does
not provide sucient
answer
- Manilal & Sons (Pte) iii. Irrelevant & (O.26, R.6)
Ltd v Blupendra KJ Shan Unnecessary

- Sheikh Abdullah Bin


i. Docs referred in Sheikh Mohamed v
pleading or adavit Kang Kock Seng
(O.24, R.10) - Overseas Chinese
Banking Corp v Norman
ISSUES Wright &Ors
ii. Non-compliance - Pertubohan Berita
CASES
- 3 possible outcomes Nasional Malaysia v
| Stephen Kalong
(O.24, R.11) Ningkan
- Lyell v Kennedy
- Philip Hoalim v
Amalgamated Thethres
Ltd.