GM Aero Support Sdn. Bhd. & Anor v Genting Highlands Berhad & Ors

Appellant(s):

• Gm Aero Support Sdn. Bhd.
• Khoh Siew Kim

Respondent(s):

• Genting Highlands Berhad
• Genting Malaysia Berhad
• First World Hotels & Resorts Sdn. Bhd.

• YAA Datuk Hajah Azizah binti Haji Nawawi
• YA Datuk Azimah binti Omar
• YA Datuk Seri Mohd Firuz Bin Jaffril

• The respondents initiated a civil suit (Suit 13) seeking an injunction against the first appellant and others from using the Genting Main Access Road, initially claiming possession, then asserting legal ownership based on newly issued land titles (GMAR Titles) introduced during trial.
• The High Court ordered the respondents to disclose documents related to the GMAR Titles (B106), and the first appellant also obtained relevant documents via subpoena (B108); these documents were subsequently filed and used in open Court.
• The appellants filed separate proceedings (Kuantan OS and Kuantan JR, later transferred to Temerloh) to challenge the validity of the GMAR Titles, leading the respondents to apply for leave to cite the appellants for contempt for using B106 and B108, and for leave to use B108 themselves in the Temerloh proceedings.

• Whether the High Court's orders granting leave for committal proceedings and leave to use documents were appealable decisions under the Courts of Judicature Act 1964.
• Whether the implied undertaking (Riddick principle) not to use documents obtained through legal compulsion for collateral purposes terminates once those documents are filed, read, or referred to in open Court.
• Whether the separate proceedings (Temerloh OS and Temerloh JR) constituted "related proceedings" for which leave to use the disclosed documents was not required.

• The Court dismissed the respondents' striking out application, holding that the High Court's orders were appealable as they involved a final determination of a question of law, not merely interlocutory rulings made during the course of a trial.
• The Court held that the implied undertaking not to use documents obtained through compulsion ceases to apply once those documents are filed and used in open Court, giving priority to the principle of open justice and declining to follow the majority decision in *Harman v Secretary of State for the Home Department*.
• The Court found that the Temerloh OS and Temerloh JR were "related proceedings" to Suit 13, and therefore the use of the documents (B106 and B108) by the appellants in those proceedings was not for an "ulterior, collateral, improper or alien purpose."