KUALA LUMPUR – The high court has allowed a discovery application by former law minister Datuk Zaid Ibrahim to obtain documents from his former law firm partners.
Judge Akhtar Tahir also awarded RM3,000 in costs to Zaid, reported Free Malaysia Today.
The judge had heard arguments from Zaid’s lawyer, Malik Imtiaz Sarwar and Tan Sri Tommy Thomas, who represented Zaid Ibrahim & Co (Zico).
Zico in a statement today said it will file an appeal, while the court has granted an interim stay of this order.
“The court’s order on the discovery application has no bearing on our practice.
“It is business as usual, and the firm looks forward to continue to be a leading Malaysian law firm with market defining insights, while maintaining our corporate reputation for trust and the highest standards of professionalism for our clients.”
On April 20, Zico objected to the discovery application by Zaid seeking documents from the law firm, saying the latter was not entitled to them.
Zaid filed the discovery application to obtain the documents from the firm’s executive chairman, Datuk Seri Nik Norzrul Thani Nik Hassan Thani, its former managing partner, Chew Seng Kok, and the firm, in relation to his suit against the firm.
Thomas submitted that the documents are already in Zaid’s possession and thus, cannot ask the legal firm to produce it for him.
“Our stand is, we say these documents the plaintiff (Zaid) sought for, are in his possession and he cannot come back and ask us to produce it,” he said during the hearing of Zaid’s discovery application before Akhtar.
Thomas, who also appeared for Nik Norzrul Thani and Chew as defendants, said Zaid is seeking the discovery before the commencement of proceedings for the first suit, and the court must find whether the discovery is necessary at this stage.
“He (Zaid) has already filed the suit and amended the statement of claim. There is no reason why he filed a discovery separately,” he said.
Thomas told the court that Zaid’s claim that he still has 5% equity in the firm is deemed illegal because, after Zaid was appointed a minister in 2008, the law on equity does not allow him to continue holding any shares in his old firm.
“When he left the firm in 2008, he was paid handsomely. He has not been a member of the (Malaysian) Bar between 2008 and 2017,” he said.
Meanwhile, Malik Imtiaz said the discovery application was not a fishing expedition, as claimed by the firm, and the cause of action in this discovery application was different from the first civil action.
Malik Imtiaz said certain documents were not given to Zaid and that his client is entitled to get them through this application.
Akhtar then asked both parties to file additional submissions on April 27 to address issues on the 5% equity and why the discovery application was made in this court instead of justice Datuk Ahmad Bache’s court, where Zaid’s present suit is scheduled to be heard.
He fixed May 10 to deliver his decision via Zoom.
Zaid filed the discovery application in December last year, seeking for his former partners and Singapore-based Zaid Ibrahim and Co Holdings Inc to disclose documents relevant to his suit.
On November 24 last year, Zaid filed the writ of summons and statement of claim against the firm to stop it from using his name in legal practice and to demand the return of the firm’s name.
The hearing of the firm’s application to strike out the suit before judge Ahmad has been fixed on May 10, the same day as the decision of the discovery application. – The Vibes, May 10, 2021
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