1. ) Lim Fung Hsien (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) 2. ) Lim Fung Yee (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) LESLIE LIM FUNG LI (sebagai pentadbir harta pusaka KHO AY JUNE @

1. ) Lim Fung Hsien (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) 2. ) Lim Fung Yee (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) LESLIE LIM FUNG LI (sebagai pentadbir harta pusaka KHO AY JUNE @

The amendment application (Lampiran 19) was refused as not bona fide, filed late without satisfactory explanation and would introduce an afterthought prejudicial to Plaintiffs; the Defendant's counterclaim was struck out (Lampiran 15) for failing to disclose a reasonable cause of action and being contradictory (ex gratia assertions inconsistent with conduct and payments); summary judgment (Lampiran 17) was entered for Plaintiffs for RM462,764.83 because Plaintiffs met Order 14 thresholds and Defendant failed to raise bona fide triable issues regarding entitlement or quantum.

Citation
WA-B52NCC-1688-07/2025 (Mahkamah Sesyen)
Parties
Plaintiff (administrator of Estate of Lim Jit Kim @ Lim Tian Jee): Lim Fung Hsien; Plaintiff (administrator of Estate of Lim Jit Kim @ Lim Tian Jee): Lim Fung Yee; Defendant (administrator of Estate of Kho Ay June @ Kho Aye June): Leslie Lim Fung Li
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 April 2026
Case Number
WA-B52NCC-1688-07/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (guaman Sivil) / Interlocutory Applications and Summary Judgment (order 14, Order 18, Amendment Application Under Order 20)
Outcome
Lampiran 19 dismissed; Lampiran 15 allowed (counterclaim struck out); Lampiran 17 allowed (summary judgment entered for Plaintiffs)
Legal Topics
Order 14 Summary Judgment, Order 18 Striking Out Pleadings, Amendment of Pleadings (bona Fides), Enforceability of Retainer/fee Agreement, Ex Gratia Payment Vs Restitution, Dividend Distribution in Liquidation
Source Language
Malay/English
Civil Procedure Probate/administration Contract Law Company Law Insolvency/liquidation Order 14 Summary Judgment Order 18 Striking Out Pleadings Amendment of Pleadings (bona Fides) +3 more

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Parties

Lim Fung Hsien

Plaintiff (administrator of Estate of Lim Jit Kim @ Lim Tian Jee)

Lim Fung Yee

Plaintiff (administrator of Estate of Lim Jit Kim @ Lim Tian Jee)

Leslie Lim Fung Li

Defendant (administrator of Estate of Kho Ay June @ Kho Aye June)

Procedural Posture

Civil Suit (guaman Sivil) / Interlocutory Applications and Summary Judgment (order 14, Order 18, Amendment Application Under Order 20)

Legal Issues

  1. 1 Whether the Defendant's counterclaim discloses a reasonable cause of action
  2. 2 Whether the Defendant raised bona fide triable issues sufficient to resist summary judgment under Order 14
  3. 3 Whether the proposed amendment (Authority to Act 02.05.2004) was bona fide and timely

Ratio Decidendi

The amendment application (Lampiran 19) was refused as not bona fide, filed late without satisfactory explanation and would introduce an afterthought prejudicial to Plaintiffs; the Defendant's counterclaim was struck out (Lampiran 15) for failing to disclose a reasonable cause of action and being contradictory (ex gratia assertions inconsistent with conduct and payments); summary judgment (Lampiran 17) was entered for Plaintiffs for RM462,764.83 because Plaintiffs met Order 14 thresholds and Defendant failed to raise bona fide triable issues regarding entitlement or quantum.

Court Disposition

Lampiran 19 dismissed; Lampiran 15 allowed (counterclaim struck out); Lampiran 17 allowed (summary judgment entered for Plaintiffs)

Orders

  • Lampiran 19 dismissed with costs RM2,000.00
  • Lampiran 15 allowed; Defendant's counterclaim struck out and dismissed with costs in the cause