LYNETTE MOEY YU LIN 1. ) MOEY MIN KEN 2. ) AZMAN LIM @ VICTOR LIM KOK EOW

LYNETTE MOEY YU LIN 1. ) MOEY MIN KEN 2. ) AZMAN LIM @ VICTOR LIM KOK EOW

The court held that the documents requested fall within the definition of 'bankers\' books' under the Bankers' Books (Evidence) Act 1949 when given a purposive and updated interpretation; the records are relevant to determine alleged misappropriation and administration of the estate, therefore the plaintiff's application for production was granted with indemnity for banks' compliance costs and costs of the application to be in the cause.

Citation
BA-22NCvC-120-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff; Beneficiary and Acting for Estate of Lim Paik Kim @ Ivy Lim (deceased): Lynette Moey Yu Lin; Defendant; Appointed Executor/trustee Under Deceased's Will: Moey Min Ken; Defendant; Appointed Executor/trustee Under Deceased's Will: Azman Lim @ Victor Lim Kok Eow
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 August 2025
Case Number
BA-22NCvC-120-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (probate/estate Dispute) / Interlocutory Application Under Bankers' Books (evidence) Act 1949 (sections 6 And/or 7)
Outcome
Plaintiff's interlocutory application allowed; banks ordered to produce specified records; plaintiff to indemnify banks' costs for compliance; costs of the application to be costs in the cause.
Legal Topics
Bankers' Books (evidence) Act 1949, Production of Bank Records, Discovery Vs Statutory Procedure, Constructive Trust, Breach of Fiduciary Duty, Probate Administration
Source Language
Malay/English
Probate and Estate Law Banking Law Trusts and Fiduciary Duty Civil Procedure Evidence Law Bankers' Books (evidence) Act 1949 Production of Bank Records Discovery Vs Statutory Procedure +3 more

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Parties

Lynette Moey Yu Lin

Plaintiff; Beneficiary and Acting for Estate of Lim Paik Kim @ Ivy Lim (deceased)

Moey Min Ken

Defendant; Appointed Executor/trustee Under Deceased's Will

Azman Lim @ Victor Lim Kok Eow

Defendant; Appointed Executor/trustee Under Deceased's Will

Procedural Posture

Civil Suit (probate/estate Dispute) / Interlocutory Application Under Bankers' Books (evidence) Act 1949 (sections 6 And/or 7)

Legal Issues

  1. 1 Whether the bank documents requested fall within the definition of 'bankers\' books' under the Bankers' Books (Evidence) Act 1949
  2. 2 Whether the plaintiff is entitled to disclosure of bank records for the period requested to determine alleged misappropriation and issues in the estate administration
  3. 3 Scope and limits of the BBEA as compared to general discovery

Ratio Decidendi

The court held that the documents requested fall within the definition of 'bankers\' books' under the Bankers' Books (Evidence) Act 1949 when given a purposive and updated interpretation; the records are relevant to determine alleged misappropriation and administration of the estate, therefore the plaintiff's application for production was granted with indemnity for banks' compliance costs and costs of the application to be in the cause.

Court Disposition

Plaintiff's interlocutory application allowed; banks ordered to produce specified records; plaintiff to indemnify banks' costs for compliance; costs of the application to be costs in the cause.

Orders

  • Banks (Affin Bank Berhad, Public Bank Berhad, AmBank (M) Berhad, Hong Leong Islamic Bank Berhad and Hong Leong Bank Berhad) are ordered to disclose and/or provide records, including transaction records, statements, deposit receipts and correspondence from January 2017 to date, for the specified accounts of the...
  • Plaintiff must indemnify the costs incurred by the named banks in complying with this order