Yekambaran: A High Court Decision Wrongly Quoted As A Supreme Court Decision
Yekambaran s/o Marimuthu v Malayawata Steel Bhd [1993] MLJU 96 (“Yekambaran”) is an oft quoted decision by Edgar Joseph Jr SCJ on the test to be applied in an application for discovery.
Yekmbaran is actually a case whereby Edgar Joseph Jr (despite being a Supreme Court judge then) sat in a High Court judge’s capacity to hear a High Court matter.
Section 18(1) of the Courts of Judicature Act 1964 (“CJA 1964”)[1], read together with the definition of “Judge” in Section 3 of the CJA 1964,[2] allow for a Federal Court judge, Court of Appeal judge, or High Court judge to hear a matter in the High Court.
The fact that Edgar Joseph Jr was a Supreme Court judge when he heard and decided on Yekambaran does not take away from the fact that:
(a) Yekambaran is a decision of the High Court;
(b) Yekambaran is binding where subordinate/inferior courts are involved;[3] and
(c) Yekambaran is only persuasive where superior courts are involved.
The following cases, regrettably, wrongly quoted Yekambaran as being a decision of the Supreme Court:
(a) Bandar Utama Development Sdn Bhd & Anor v Bandar Utama 1 Jmb [2018] MLJU 697 (a decision of the Court of Appeal):
“… (a) In Yekambaran s/o Marimuthu v Malayawata Steel Berhad [1994] 2 CLJ 581, the Supreme Court set out the threshold test the applicant had to satisfy to succeed in an application for discovery.”[4] (Emphasis mine)
(b) Suruhanjaya Pilihan Raya & Ors v Kerajaan Negeri Selangor and another appeal [2018] 2 MLJ 322 (a decision of the Court of Appeal):
“As for the elements required to be shown for the grant of an order for discovery, the then Supreme Court in Yekambaran s/o Marimuthu v Malayawata Steel Bhd [1993] MLJU 96; [1994] 2 CLJ 581 through Edgar Joseph Jr SCJ had this to say …”[5] (Emphasis mine)
(c) Power Cellular Accessories Supply Sdn Bhd v Pesuruhjaya Tanah Persekutuan & Ors [2019] MLJU 751 (a decision of the High Court):
“On the same issue, the general legal principle on the requirements to be fulfilled in a discovery application has been laid down by the Supreme Court in the case of Yekambaran Marimuthu v Malayawata Steel Bhd [1994] 2 CLJ 581 …”[6] (Emphasis mine)
(d) Golden Affinity Development Sdn Bhd v Lim Yok Wah & Ors [2020] MLJU 1463 (a decision of the High Court):
“On the same issue, the general legal principle on the requirements to be fulfilled in a discovery application as laid down by the Supreme Court in the case of Yekambaran Marimuthu v. Malayawata Steel Bhd [1994] 2 CLJ 581 …”[7] (Emphasis mine)
(e) Teknologi Enviro-Kimia (M) Sdn Bhd v Bufflow Engineering Sdn Bhd & Ors [2022] MLJU 2759 (a decision of the High Court):
“The general legal principle that is required to be fulfilled in a discovery application is found in the oft-quoted Supreme Court case of Yekambaran Marimuthu v Malayawata Steel Berhad [1994] 2 CLJ 581, where his Lordship Edgar Joseph Jr SCJ stated …”[8] (Emphasis mine)
Notwithstanding the value and propriety of the test laid down in Yekambaran, decisions (such as the above) which incorrectly quote Yekambaran as a decision of the Supreme Court incorrectly elevate Yekambaran vis-a-vis the doctrine of judicial precedent and run the risk of muddling case law which are binding on superior courts vis-a-vis applications for discovery.
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