LOK SWEE TIONG LAIN-LAIN 1. LOK SIEW CHOO 2. LOK CHENG HUA @ LOCK SIEW HWA 3. LOCK PEK YEN 4. LOK SIEW HOON

LOK SWEE TIONG LAIN-LAIN 1. LOK SIEW CHOO 2. LOK CHENG HUA @ LOCK SIEW HWA 3. LOCK PEK YEN 4. LOK SIEW HOON

The court refused the extension and rejected the late affidavits because the applicant failed to demonstrate a bona fide, substantiated reason (insufficient evidence of COVID‑19 impediment in the UK) for non‑compliance with registrar's directions; the late filings appeared tactical and were filed without prior leave, therefore the application to admit those affidavits was dismissed and the application to reject them was allowed; costs were ordered against the applicant and interlocutory hearings were to proceed.

Citation
JB-32NCVC-190-08/2019 (LAMPIRAN 63) (Mahkamah Tinggi)
Parties
Pemohon: Lok Swee Tiong; Pengkaveat: Lok Siew Choo; Pengkaveat: Lok Cheng Hwa @ Lock Siew Hwa; Pengkaveat: Lock Pek Yen; Pengkaveat: Lok Siew Hoon
Court
LAMPIRAN 63
Jurisdiction
Malaysia
Judgment Date
7 July 2021
Case Number
JB-32NCVC-190-08/2019 (LAMPIRAN 63) (Mahkamah Tinggi)
Procedural Posture
Application for Grant of Probate; Caveat/contested Will Proceedings / Interlocutory — Admissibility of Affidavits and Extension of Time Applications Prior to Probate Hearing
Outcome
Application 61 allowed; Application 63 dismissed; costs to be borne by applicant; interlocutory hearing to proceed; further hearing for main probate application to be fixed.
Legal Topics
Admission of Affidavits, Extension of Time, Caveat Proceedings, Compliance With Procedural Rules, Strike Out/management Powers
Source Language
Malay/English
Probate Estate Administration Civil Procedure Evidence Admission of Affidavits Extension of Time Caveat Proceedings Compliance With Procedural Rules +1 more

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Parties

Lok Swee Tiong

Pemohon

Lok Siew Choo

Pengkaveat

Lok Cheng Hwa @ Lock Siew Hwa

Pengkaveat

Lock Pek Yen

Pengkaveat

Lok Siew Hoon

Pengkaveat

Procedural Posture

Application for Grant of Probate; Caveat/contested Will Proceedings / Interlocutory — Admissibility of Affidavits and Extension of Time Applications Prior to Probate Hearing

Legal Issues

  1. 1 Whether affidavits filed after court‑ordered deadlines should be admitted for consideration
  2. 2 Whether an extension of time should be granted for late affidavits due to COVID‑19 disruptions
  3. 3 Whether the late filings were bona fide or tactical abuse of process

Ratio Decidendi

The court refused the extension and rejected the late affidavits because the applicant failed to demonstrate a bona fide, substantiated reason (insufficient evidence of COVID‑19 impediment in the UK) for non‑compliance with registrar's directions; the late filings appeared tactical and were filed without prior leave, therefore the application to admit those affidavits was dismissed and the application to reject them was allowed; costs were ordered against the applicant and interlocutory hearings were to proceed.

Court Disposition

Application 61 allowed; Application 63 dismissed; costs to be borne by applicant; interlocutory hearing to proceed; further hearing for main probate application to be fixed.

Orders

  • Application (Lampiran) 61 allowed.
  • Application (Lampiran) 63 dismissed.