1. ) Lee Kheng Lian 2. ) Lee Geok Thye (Holdings Sdn Bhd 1. ) Lee Hai 2. ) Oili Orvokkili Lee 3. ) Lee Siok Ghee 4. ) Lee Chong Hai 5. ) Tan Swit Eng 6. ) Lee Seng Wan 7. ) Lee Teng Siong

1. ) Lee Kheng Lian 2. ) Lee Geok Thye (Holdings Sdn Bhd 1. ) Lee Hai 2. ) Oili Orvokkili Lee 3. ) Lee Siok Ghee 4. ) Lee Chong Hai 5. ) Tan Swit Eng 6. ) Lee Seng Wan 7. ) Lee Teng Siong

Appeal allowed and High Court order set aside because there was no pre-existing cause or matter relating to the lands to justify invoking Order 31 r.1 ROC and the Respondents failed to show sale was necessary or expedient for any such cause or matter; High Court therefore lacked jurisdiction and misapplied binding Court of Appeal authority.

Citation
N-02(NCvC)(A)-1301-09/2020 (Mahkamah Rayuan)
Parties
Appellant (third Defendant; Representative of Estate of Lee Geok Thye): Lee Kheng Lian; Appellant (fourth Defendant): Lee Geok Thye (Holdings) Sdn Bhd; Respondent (first Plaintiff; for Himself and as Administrator of Estate of Lee Geok Chit): Lee Hai; Respondent (second Plaintiff; as Administrator of Estate of Lee Geok Hoe): Oili Orvokkili Lee; Respondent (third Plaintiff; Beneficiary of Estate of Lee Geok Hwee): Lee Siok Ghee; Respondent (fourth Plaintiff; as Administrator of Estate of Lee Geok Oh): Lee Chong Hai; Respondent (fifth Plaintiff; as Administrator of Estate of Lee Geok Oh): Tan Swit Eng
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
28 October 2021
Case Number
N-02(NCvC)(A)-1301-09/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal From High Court Order Dated 7.9.2020
Outcome
Appeal allowed; High Court order dated 7.9.2020 set aside
Legal Topics
Order 31 Rule 1 Rules of Court 2012, Judicial Sale of Land, Partition and Sale Instead of Partition, Caveat Removal, Article 13 Deprivation of Property
Source Language
Malay/English
Civil Law Property Law Probate and Administration Constitutional Law Order 31 Rule 1 Rules of Court 2012 Judicial Sale of Land Partition and Sale Instead of Partition Caveat Removal +1 more

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Parties

Lee Kheng Lian

Appellant (third Defendant; Representative of Estate of Lee Geok Thye)

Lee Geok Thye (Holdings) Sdn Bhd

Appellant (fourth Defendant)

Lee Hai

Respondent (first Plaintiff; for Himself and as Administrator of Estate of Lee Geok Chit)

Oili Orvokkili Lee

Respondent (second Plaintiff; as Administrator of Estate of Lee Geok Hoe)

Lee Siok Ghee

Respondent (third Plaintiff; Beneficiary of Estate of Lee Geok Hwee)

Lee Chong Hai

Respondent (fourth Plaintiff; as Administrator of Estate of Lee Geok Oh)

Tan Swit Eng

Respondent (fifth Plaintiff; as Administrator of Estate of Lee Geok Oh)

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal From High Court Order Dated 7.9.2020

Legal Issues

  1. 1 Whether High Court had jurisdiction under Order 31 r.1 ROC to order sale of immovable property absent a pre-existing cause or matter
  2. 2 Whether the precondition of a 'cause or matter relating to land' existed
  3. 3 Whether sale was 'necessary or expedient' for the purposes of any cause or matter

Ratio Decidendi

Appeal allowed and High Court order set aside because there was no pre-existing cause or matter relating to the lands to justify invoking Order 31 r.1 ROC and the Respondents failed to show sale was necessary or expedient for any such cause or matter; High Court therefore lacked jurisdiction and misapplied binding Court of Appeal authority.

Court Disposition

Appeal allowed; High Court order dated 7.9.2020 set aside

Orders

  • Appeal allowed
  • Order of the High Court dated 7.9.2020 set aside