GREEN CRESENT RESOURCES SDN BHD lwn. JERAM PERWIRA SDN BHD [2024] MLRSU 164

Faiz Dziyauddin SCJ (Kuala Lumpur Sessions Court)

The defendant's application for the discovery process under Order 24, Rule 7 of the Rules of Court 2012 was dismissed by the court with costs. The case involves a joint venture agreement between the plaintiff, the landowner, and the defendant for a housing development project. Despite extensions to complete the project by January 2022, no progress was made. The plaintiff filed a lawsuit seeking to terminate the agreement and regain control of the land. The defendant, facing liquidation, sought disclosure of a Power of Attorney document to challenge the plaintiff's claims. However, the court found the request unnecessary and a misuse of process, as the defendant already had access to the document.

Aggrieved by the said decision, the defendant appealed to the Kuala Lumpur High Court but the appeal was ultimately thrown out for the same reasons and the decision of the Sessions Court Judge was upheld.

Marcus represented the plaintiff.