Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. This interlocutory judgment concerns two competing applications for discovery.

2. The plaintiff/cross-defendant in the substantive proceedings underlying this judgment is Berhero Pty Ltd t/as Acuity Funding, incorporated in Australia. Ranjit Thambyrajah (Mr Thambyrajah) is the plaintiff's managing and sole director. The plaintiff is represented by A Gander of counsel. The plaintiff relied on the affidavit of Mr Thambyrajah, dated 16 October 2024 (RT-A), on the affidavit of Lankan Bal, dated 22 October 2024, and on the affidavit of Christopher Elias Farah, the plaintiff's solicitor, dated 18 March 2025.

3. The defendants/cross-claimants are:

1) Senibina Sentral Sdn Bhd, incorporated in Malaysia;

2) Senibina Murni Sdn Bhd; incorporated in Malaysia;

3) Padu Panglima Sdn Bhd; incorporated in Malaysia;

4) Dato' Sri Anne Teo;

5) Datuk Chris SW Low; and

6) Lt Gen (R) Dato' Sero Panglima Zaini Bin HJ Mohd Said.

4. The defendants are collectively referred to as the defendants.

5. The defendants relied on three affidavits of Marc Richard Baddams, the defendants' solicitor, dated 18 July 2023, 13 March 2025, and 28 March 2025. The defendants are represented by D A Hughes of counsel.

6. The parties relied on a joint court book (Exhibit A).

Background

7. The defendants are engaged in a large-scale development of land in central Kuala Lumpur. In order to fund this development, the defendants sought the services of the plaintiff, who conducts a commercial brokerage business (Acuity Funding).

8. Mr Thambyrajah says that he holds various qualifications in mortgage broking, finance and real estate. He also holds an 'Associate Diploma Divinity and Missions' from Sydney Missionary and Bible College. In April 2024 he says that he was awarded a PhD in Economics by the University of Burundi, located in Bujumbura, Burundi.

9. The principal agreements were apparently entered into in April and May of 2019, with variations apparently concluded in early 2020. For the purposes of this application only, they comprise the following documents:

1) Loan Term Sheet, executed on or about 18 April 2019 (CB25-31) (Loan Term Sheet);

2) Costs Agreement associated with the Loan Term Sheet, executed on or about 18 April 2019 (CB32-41) (Costs Agreement);

3) Deed of Variation in Respect of the Agreement, executed on or about 17 January 2020 (CB47-49) (Deed of Variation); and

4) Commission Letter executed 27 March 2020.

10. Under the terms of the agreement, the plaintiff was to secure for the defendants an offer for funding amounting to approximately USD 210,000,000 or Malaysian Ringgit 535,000,000.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198781e13e824f541fe3fb75)

Disclaimer: Curated by HT Syndication.