SHARMILA PILLAI PENCELAH RAMANI A/L PERIASAMY PILLAI

SHARMILA PILLAI PENCELAH RAMANI A/L PERIASAMY PILLAI

The application was dismissed because it was procedurally defective for failing to state grounds as required by Order 32/Form 57 and for failing to cite the legal basis for removal; on the merits the applicant failed to rebut material averments that the respondent acted under the Grant and with notice to other parties, the majority of beneficiaries supported the respondent, no special circumstances under s.30 justified removal, and the applicant was found unfit; costs awarded RM3,000.00.

Citation
WA-31NCVC-1287-08/2018 (Mahkamah Tinggi)
Parties
Applicant / Administrator (pemohon): Sharmila Pillai; Co Applicant / Co Administrator (pemohon Bersama): Ramani a/l Periasamy Pillai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 February 2020
Case Number
WA-31NCVC-1287-08/2018 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration Application to Remove Administrator / Interlocutory Chambers Application Heard and Dismissed by High Court (judgment Dated 30 June 2020)
Outcome
Application (Enclosure 26) dismissed by High Court
Legal Topics
Removal of Administrator, Form 57/order 32 Non Compliance, Majority Beneficiaries' Preference, EPF Nomination and Entitlement, Admissibility and Effect of Affidavits, Return of Property From Safe Deposit Box
Source Language
Malay/English
Probate and Administration Civil Procedure Succession Law Banking Law (safe Deposit Box) Removal of Administrator Form 57/order 32 Non Compliance Majority Beneficiaries' Preference EPF Nomination and Entitlement +2 more

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Parties

Sharmila Pillai

Applicant / Administrator (pemohon)

Ramani a/l Periasamy Pillai

Co Applicant / Co Administrator (pemohon Bersama)

Procedural Posture

Probate and Administration Application to Remove Administrator / Interlocutory Chambers Application Heard and Dismissed by High Court (judgment Dated 30 June 2020)

Legal Issues

  1. 1 Whether the Notice of Application (Enclosure 26) complied with Order 32 Rules of Court 2012 (stating grounds in Form 57)
  2. 2 Whether a co-administrator/applicant may obtain removal of another administrator and under what legal provision
  3. 3 Whether facts asserted in affidavits (removal of jewellery from CIMB locker and removal to England) were rebutted or proven

Ratio Decidendi

The application was dismissed because it was procedurally defective for failing to state grounds as required by Order 32/Form 57 and for failing to cite the legal basis for removal; on the merits the applicant failed to rebut material averments that the respondent acted under the Grant and with notice to other parties, the majority of beneficiaries supported the respondent, no special circumstances under s.30 justified removal, and the applicant was found unfit; costs awarded RM3,000.00.

Court Disposition

Application (Enclosure 26) dismissed by High Court

Orders

  • Enclosure 26 dismissed
  • Costs awarded to respondent in the sum of RM3,000.00