JANG KIM LUANG @ YEO KIM LUNG (f) 1 TERENCE TAN SUAN GUAN 2 WAKIL PERIBADI HARTA PUSAKA DATO' TAI E KING, SI MATI 3 WAKIL PERIBADI HARTA PUSAKA TAY BOO THIAH @ TAI BOO TING, SI MATI 4 WOOD GREEN INTEGRATED SDN BHD 5 DATIN NG PIK LIAN 6 DATO

JANG KIM LUANG @ YEO KIM LUNG (f) 1 TERENCE TAN SUAN GUAN 2 WAKIL PERIBADI HARTA PUSAKA DATO' TAI E KING, SI MATI 3 WAKIL PERIBADI HARTA PUSAKA TAY BOO THIAH @ TAI BOO TING, SI MATI 4 WOOD GREEN INTEGRATED SDN BHD 5 DATIN NG PIK LIAN 6 DATO

The administratrix had locus standi to bring a challenge to the Grant of Letter of Administration because she was exercising a right personal to the deceased bankrupt to contest the validity of the impugned LA; therefore prior sanction of the DGI under s.38(1)(a) was not required at this stage. The pleadings disclosed a cause of action alleging fraud/misrepresentation to obtain the impugned LA and damages were sufficiently alleged to defeat a strike‑out under O.18 r.19. Accordingly the defendants' striking‑out applications were dismissed and the matter must proceed to viva voce trial to determine factual disputes.

Citation
BA-22NCVC-484-09/2018 (Mahkamah Tinggi)
Parties
Plaintiff Administratrix of the Estate of Tai Swee Kian: JANG KIM LUANG @ YEO KIM LUNG; 1st Defendant Sole Administrator of the Estate of Teh Yew Yaw: TERENCE TAN SUAN GUAN; 2nd Defendant Representative of the Estate of Tai E King: Wakil peribadi Harta Pusaka DATO' TAI E KING (deceased); 3rd Defendant Representative of the Estate of Tay Boo Thiah: Wakil peribadi Harta Pusaka TAY BOO THIAH @ TAI BOO TING (deceased); 4th Defendant Company Alleged Transferee of Beneficial Rights: WOOD GREEN INTEGRATED SDN BHD; 5th Defendant Shareholder/member of 4th Defendant: DATIN NG PIK LIAN; 6th Defendant Shareholder/member of 4th Defendant: DATO SRI TAI HEAN LENG @ TEK HEAN LENG; 7th Defendant Shareholder/member of 4th Defendant: DIONG SUK HWA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2019
Case Number
BA-22NCVC-484-09/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Probate/administration Challenge to Grant of Letter of Administration / Strike‑out Applications Under Order 18 R 19 Ro C Dismissed; Matter Ordered to Proceed to Fix Trial Dates (consolidated With BA 22 NCVC 689 11/2017)
Outcome
Applications to strike out (enclosures 40, 41 and 43) dismissed; defendants ordered to pay costs; matter to proceed to fixing of trial dates
Legal Topics
Grant of Letter of Administration, Locus Standi of Representative of Deceased Bankrupt, Sanction of Director General of Insolvency (dgi) S.38 Insolvency Act 1967, Striking Out (order 18 R 19 Ro C), Fraud/misrepresentation to Court
Source Language
Malay/English
Probate and Administration Insolvency Law Civil Procedure Equity and Trusts Grant of Letter of Administration Locus Standi of Representative of Deceased Bankrupt Sanction of Director General of Insolvency (dgi) S.38 Insolvency Act 1967 Striking Out (order 18 R 19 Ro C) +1 more

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Parties

JANG KIM LUANG @ YEO KIM LUNG

Plaintiff Administratrix of the Estate of Tai Swee Kian

TERENCE TAN SUAN GUAN

1st Defendant Sole Administrator of the Estate of Teh Yew Yaw

Wakil peribadi Harta Pusaka DATO' TAI E KING (deceased)

2nd Defendant Representative of the Estate of Tai E King

Wakil peribadi Harta Pusaka TAY BOO THIAH @ TAI BOO TING (deceased)

3rd Defendant Representative of the Estate of Tay Boo Thiah

WOOD GREEN INTEGRATED SDN BHD

4th Defendant Company Alleged Transferee of Beneficial Rights

DATIN NG PIK LIAN

5th Defendant Shareholder/member of 4th Defendant

DATO SRI TAI HEAN LENG @ TEK HEAN LENG

6th Defendant Shareholder/member of 4th Defendant

DIONG SUK HWA

7th Defendant Shareholder/member of 4th Defendant

Procedural Posture

Civil Probate/administration Challenge to Grant of Letter of Administration / Strike‑out Applications Under Order 18 R 19 Ro C Dismissed; Matter Ordered to Proceed to Fix Trial Dates (consolidated With BA 22 NCVC 689 11/2017)

Legal Issues

  1. 1 Whether the administratrix of an estate of an undischarged bankrupt has locus standi to challenge a Grant of Letter of Administration without prior sanction of the DGI under s.38(1)(a) Insolvency Act 1967
  2. 2 Whether the plaintiff's pleadings disclose a cause of action (fraud/misrepresentation to obtain the impugned LA) sufficient to defeat a strike‑out application under O.18 r.19 RoC
  3. 3 Whether the plaintiff has suffered or will suffer damages such that the action is not premature

Ratio Decidendi

The administratrix had locus standi to bring a challenge to the Grant of Letter of Administration because she was exercising a right personal to the deceased bankrupt to contest the validity of the impugned LA; therefore prior sanction of the DGI under s.38(1)(a) was not required at this stage. The pleadings disclosed a cause of action alleging fraud/misrepresentation to obtain the impugned LA and damages were sufficiently alleged to defeat a strike‑out under O.18 r.19. Accordingly the defendants' striking‑out applications were dismissed and the matter must proceed to viva voce trial to determine factual disputes.

Court Disposition

Applications to strike out (enclosures 40, 41 and 43) dismissed; defendants ordered to pay costs; matter to proceed to fixing of trial dates

Orders

  • Enclosures 40, 41 and 43 dismissed
  • Matter to proceed to fix trial dates (consolidated with BA-22NCVC-689-11/2017)