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1) The pre-trial process includes discovery and inspection of documents, interrogatories, admissions, and pre-trial case management. Pre-trial case management refers to action begun by writ and requires parties to attend a hearing before the judge.
2) Pre-trial case management under O34 enables the court to control the progress of a case and consider matters like preparation for trial and outstanding issues. Parties must be notified and attend hearings, and can be sanctioned for failure to comply with court directions.
3) Discovery is the process where parties find material facts and documents from the opposing party. It aims to provide relevant information for trial, eliminate surprises, and reduce litigation costs. Discovery generally involves disclosure of
1) The pre-trial process includes discovery and inspection of documents, interrogatories, admissions, and pre-trial case management. Pre-trial case management refers to action begun by writ and requires parties to attend a hearing before the judge.
2) Pre-trial case management under O34 enables the court to control the progress of a case and consider matters like preparation for trial and outstanding issues. Parties must be notified and attend hearings, and can be sanctioned for failure to comply with court directions.
3) Discovery is the process where parties find material facts and documents from the opposing party. It aims to provide relevant information for trial, eliminate surprises, and reduce litigation costs. Discovery generally involves disclosure of
1) The pre-trial process includes discovery and inspection of documents, interrogatories, admissions, and pre-trial case management. Pre-trial case management refers to action begun by writ and requires parties to attend a hearing before the judge.
2) Pre-trial case management under O34 enables the court to control the progress of a case and consider matters like preparation for trial and outstanding issues. Parties must be notified and attend hearings, and can be sanctioned for failure to comply with court directions.
3) Discovery is the process where parties find material facts and documents from the opposing party. It aims to provide relevant information for trial, eliminate surprises, and reduce litigation costs. Discovery generally involves disclosure of
The process/procedure begins judge. after the close of pleadings and includes: A. STOCKTAKING discovery and inspection of Court can: documents O24 ROC Consider preparation of interrogatories O26 ROC parties for trial Matters to be dealt with admissions O27 ROC interlocutory application pre-trial case management Gives direction for expeditious disposal O34 ROC Comparison of O25 RHC Pre-trial process enables the (Summons for direction) and parties to the action to: O34 (case management): to get all the material facts Summons Case to speed up the action for managemen to ensure litigation is direction t conducted expeditiously determine determine every party to an action is whether the whether the entitled to know beforehand case is now case is now what case he has to meet at ready for ready for trial the trial. trial enables the enables the court to court to 1. PRE-TRIAL CASE MANAGEMENT dispose of dispose of any any outstanding O34 r1(1): applies at any time outstanding matters after commencement of the matters before proceedings. before commenceme Pre-trial Case management refers commencem nt of trial to action begun by writ. ent of trial O25 r1(1): O34 r1(1): at The P shall not later than 14 days Within 1 any time after after the close of pleadings cause month of commenceme to be issued a notice from the close of nt of court requiring the parties to the pleadings proceedings action to attend before the judge. (Form 46 (Form 59 It is intended Summons) Notice) O25 r1(2): O34 r1,2: to enable the parties to applies to applies to all speed up the pre-trial action begun proceedings process through the by writ direction of the court; O25 r1(4): O34 r6: failure Ps failure to to attend; - Delay in filing Witness attend will (1)Ct may Statement allow D to dismiss - Lawyer assumed date for dismiss action direction was postponed action (2)Ex-parte because trial was order may postponed be set - Case was struck out aside (3)Ct may ii. DISMISSAL FOR WANT OF adjourn CM PROSECUTION (025 RHC) Parties Parties attend attend PTCM Means: the P did not do hearing of what he supposed to do summons Tan Geok Lan Vasudeban (FC) - P did not issue summons for Held: O34 (CM) enables the ct to direction after 7 years, writ control the progress of a case. was issued - Case was truck out B. PROCEDURE OF CM 2. DISCOVERY (O.24) O34 r3 notification in Form 59 Means: discovery is the process of O34 rr 1 & 2 matters for finding out material facts and consideration, orders and documents from an adversary direction to be made O34 r4 attendance at pre- Purpose: trial CM To provide parties with O34 r5 adjournment relevant documentary material O34 r6 failure to attend for appraisal of strength or O34 rr1(3) & 2(3) failure to weakness before trial. comply To provide basis of fair C. COMPARE TO PREVIOUS RULES disposal of the proceedings OF HC before trial.
i. FAILURE TO COMPLY (O34
RHC) To enable parties to use or before the trial or adduce in O34 r7: if party A fails to evidence at the trial relevant documentary material to comply with any direction support or rebut the case given by the ct, ct may made by or against them. make an order against party A. To eliminate the element of surprise relating to the Hong Leong Assurance Bhd v documentary evidence. American Home To save time of parties, court, and counsel thus, reducing cost of litigation. EXCEPTION: i. in personal injury A. THE PROCESS OF DISCOVERY actions, a stranger such GENERALLY OPERATES IN 3 as the hospital which has STAGES: treated the plaintiff may be ordered by summons i. disclosure of the to give discovery existence of ii. a stranger who though documents; not personally liable but ii. inspection and taking who through no fault of of copies; and his, has got mixed in the iii. production tortious acts of others so Teoh Peng Phe v Wan as to facilitate their wrongdoing he may incur - the ct identifies 3 modes of no personal liability but discovery he comes under a duty disclosure of the to assist the injured existence of party (O24 r7A(5) documents inspection of documents Norwich Pharmacal Co v interrogatories; but Commissioners of Customs & the term discovery Excise is often used as - The second exception is meaning of disclosure now known as the principle and inspection in Norwich Pharmacal considered as one - Lord Reid said that justice requires that [the B. DISCOVERY AGAINST 3RD PARTY stranger] should co- GR: operate in righting the - discovery is only allowed wrong if he unwittingly against a person who is a facilitates its party to the proceeding and perpetration. not against third parties. - Applying this principle, the - It is improper to join a House of Lords ordered the person as a party merely for disclosure of documents the purpose of obtaining identifying the importers of discovery against him. a chemical compound in Proper Procedure: respect of which the - call him as a witness to give appellants held a patent oral testimony which they alleged was - serve a subpoena duces being infringed by illicit tecum (subpoena for imports of the compound document) from abroad. - A limitation on the principle - Lord Denning MR said that as laid down in Norwich in order to enable funds to Pharmacal is that be traced, it was 'a very discovery will not lie important part of the court's against a stranger who armoury to be able to order is uninvolved with the discovery wrongdoing and did not - His Lordship relied upon facilitate its commission, Norwich Pharmacal for the merely because he can give principle of requiring a third information as to the party to give information identity of the wrongdoer - The Court of Appeal ordered without which the plaintiff is the disclosure by a third unable to proceed. party bank of all correspondence, cheques, However; debit vouchers, transfer CHC Software Care Ltd v applications, orders or Hopkins and Woods internal memoranda relating to any account - the court extended the maintained by the alleged principle holding that it is fraudsters. not limited to the identification of wrongdoers. Arab Monetary Fund v - The plaintiff had received Hashim & Ors threatening letters and obtained an order for - Held: an order for discovery discovery against a firm of can be made against a solicitors who had the stranger to disclose names and addresses of the information about the persons to whom similar location of missing assets letters had been sent. where, in a proprietary - These persons were not claim to recover them, the wrongdoers but their party applying can show identity and copies of the that such disclosure will letters which they had give a real prospect that the received were relevant to assets will be located and the pursuit of the plaintiffs preserved. action. - But the potential advantage to the party applying for the order of it being made must Bankers trust Co v Shapira be weighed against the potential harm to the - The Court of Appeal stranger against whom it is approved of discovery sought. against third parties in aid of tracing claims. First Malaysia Finance Bhd v Dato Mahfar bin Alwee v Jejaka Megan Mohd Fathi Sdn Bhd O24 r7A(5) gives statutory effect Discover is no longer automatic - to Norwich Pharmacal principle. will be made on an order obtained by a party (upon application of a C. NO COLLATERAL USE OF party) INFORMATION RHM Foods v Bovril Where a document is disclosed on discovery, there is an implied - The normal stage for undertaking by the party to whom general discovery is after the document is disclosed not to close of pleadings. use, without leave of the court, - This is because discovery is the document or any information predicated on the issues in obtained from it for any purpose the case, which are otherwise than in the proceedings generally known only after in which the document is the parties have formulated disclosed. them in their pleadings Therefore, if the court apprehends D. SCOPE OF DISCOVERY that there is a real risk of a party using his right to discovery for a Documents which are subject to collateral purpose, the court has discovery are documents which power to impose restrictions on are or have been in his (the inspection in order to prevent or party's) possession, custody or discourage him from doing so. power.
For instance, the court can refuse Possession: legal right
an order for inspection except on Custody: physical possession of a an undertaking given by the party document may constitute custody. seeking the order. Power: legal right In addition, any action which is based on the misuse of a Lonrho v Shell Petroleum document is liable to be struck - defined power as a out as an abuse of the process of presently enforceable legal the court right to obtain from Riddick v Thames Board Mills Ltd whoever actually holds the document inspection of it Document discovered shall not be without the need to obtain used for other purposes. the consent of anyone else. Rotta Research Laboratorium SpA - Therefore, documents in the v Ho Tack Sien possession of subsidiary companies were not in the The power to order discovery of power of the parent any document is at the discretion company where the of the court subsidiary companies had independent boards of directors who refused to In short, interrogatories allow one disclose documents after party to administer a series of considering what was in the question to the other, and compel best interests of their that other to answer them on companies. oath before trial. A. PURPOSE - The object is that the O24 r3(4): Documents which may answers given to the be ordered to be discovered are: questions or (a) documents on which the Interrogatories should party relies or will rely; and save trouble and expense in (b)documents which could - preparing for the trial. i. adversely affect the - Interrogatories may be party's own case; useful in ascertaining ii. adversely affect another information directly relevant party's case; or to the case iii. support another party's - However, interrogatories case are often used to obtain the name of witnesses and ascertain the existence of E. PROTECTION AGAINST documents (or other DISCOVERY evidence) that will be examined further by O73 r10 ROC: O24 not apply in discovery of documents civil proceeding if government is a - Sometimes, both discovery party of documents and S. 36(1) of the Government interrogatories are Proceedings Act 1956, shall be necessary. construed as not requiring the - When this is so, discovery of disclosure of the existence of any documents will generally document the existence of which come first. it would, in the opinion of a - Inspection of the documents Minister be injurious to the public disclosed may render the interest to disclose. proposed interrogatories or some of them unnecessary. 3. INTERROGATORIES B. IT IS AT CTS DISCRETION Meaning: Sheikh Abdullah v Kang Kock Interrogatories are written Seng questions submitted to a party by another party. Ct did not consider the application at all because P did not give The party receiving the reasons for presenting interrogatories must submit interrogatories after the close of answers made on oath. pleadings C. GROUNDS FOR OBJECTION i. Scandalous or irrelevant ii. Not bona fide Pertubohan Berita Nasional v iii. Matters enquired as Stephen Kalong Ningkan premature Party ordered to answer iv. Matters enquired are interrogatories may object on privilege these grounds:
United States v. Marion Van Horn, Scott Bertelsen, Gary Balough, Dennis Kay, Robert Van Horn, Dennis Cason, Thomas Sikes, John Crosby Bertelsen, Joseph William Campbell, United States of America v. William Joseph Harvey, A/K/A Billy, 789 F.2d 1492, 11th Cir. (1986)