We successfully argued in the High Court, at pre-trial stage, that certain documents covered by Legal Professional Privilege (“Impugned Documents“) should be removed from the Common Bundle of Documents filed by the Plaintiff.
The Federal Court’s pronouncements in Tan Chong Kean v Yeoh Tai Chuan & Anor [2018] 2 MLJ 669, specifically paragraphs 26, 28, 29, and 38, were instructive.
We submitted that the Impugned Documents, if left in the Common Bundle of Documents, would be readily accessible by members of the public by way of a file search and would amount to an illegitimate sidestepping of Legal Professional Privilege and would render the privilege illusory.