HIGH COURT (KUALA LUMPUR)
LIZA CHAN SOW KENG JC
CIVIL SUIT NO WA-22NCC-623-11 OF 2019
23 December 2021
GROUNDS OF JUDGMENT (2)Introduction
[1] This Court on 25.8.2021 allowed the 3rd Defendant (“D3”)’s application in Enclosure (“Enc.”) 135 for discovery against the 1st Defendant (“D1”) and made an Order against D1’s representative for production of all the following documents that are in his possession, custody or power, in the form of exhibit to an affidavit and if not then in his possession, custody or power, when he parted with it and what has become of it within fourteen (14) days from the date of the Order (Enc. 161):
- a.Dr Soraya Kunanayagam’s medical report and diagnosis on the 1st Defendant’s mental state/capacity and matters in respect of his mental state/capacity;
- b.Tengku Mizan Hospital medical reports and diagnosis in regard to the 1st Defendant’s mental state/capacity and matters in respect of his history of dementia and treatment from 2017 till present;
- c.General Hospital Kuala Lumpur’s medical reports and diagnosis in regard to the 1st Defendant’s mental state/capacity and matters in respect of his history of dementia and treatment from 2017 till present;
- d.D1’s Declaration of Trust dated 13.5.2016; and
- e.The Warrant to Act and/or any similar appointment of solicitors executed by D1 in relation to the appointment of D1’s former solicitors, Messrs Thomas Phillip and Messrs Kanesalingam & Co to represent D1.