1. ) TAN TIANG JOK 2. ) TAN TING KEAT PENCELAH 1. ) TAN AI LIN 2. ) TAN SHA LIN

1. ) TAN TIANG JOK 2. ) TAN TING KEAT PENCELAH 1. ) TAN AI LIN 2. ) TAN SHA LIN

Grant stay: special circumstances exist because the two disputed shares constitute an overlapping res claimed by two estates, there is currently no proper personal representative for the estate of Dato' Tan pending Suit 662 (only a receiver/manager with limited powers), and the 1st and 2nd applicants failed to rebut material averments by affidavit; preserving the status quo by staying proceedings prevents irreversible prejudice and potential nugatory outcomes.

Citation
WA-31NCvC-320-02/2021 (Mahkamah Tinggi)
Parties
Applicant (1st): TAN TIANG JOK; Applicant (2nd): TAN TING KEAT; Applicant (3rd): TAN AI LIN; Applicant (4th): TAN SHA LIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 June 2022
Case Number
WA-31NCvC-320-02/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons in Probate and Administration / Interlocutory Application for Stay of Proceedings Under Order 92 Rule 4 Rules of Court 2012
Outcome
Application allowed
Legal Topics
Stay of Proceedings, Overlapping Assets Between Estates, Appointment of Executor/administrator, Caveat, Form 32 a Transfer, Inherent Jurisdiction
Source Language
Malay/English
Probate and Administration Civil Procedure Trusts and Succession Company Law Stay of Proceedings Overlapping Assets Between Estates Appointment of Executor/administrator Caveat +2 more

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Parties

TAN TIANG JOK

Applicant (1st)

TAN TING KEAT

Applicant (2nd)

TAN AI LIN

Applicant (3rd)

TAN SHA LIN

Applicant (4th)

Procedural Posture

Originating Summons in Probate and Administration / Interlocutory Application for Stay of Proceedings Under Order 92 Rule 4 Rules of Court 2012

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of proceedings
  2. 2 Whether the disputed shares in TJ Integrated Sdn Bhd are an overlapping asset claimed by two estates
  3. 3 Whether absence of a proper personal representative for the estate of Dato' Tan prevents determination of ownership

Ratio Decidendi

Grant stay: special circumstances exist because the two disputed shares constitute an overlapping res claimed by two estates, there is currently no proper personal representative for the estate of Dato' Tan pending Suit 662 (only a receiver/manager with limited powers), and the 1st and 2nd applicants failed to rebut material averments by affidavit; preserving the status quo by staying proceedings prevents irreversible prejudice and potential nugatory outcomes.

Court Disposition

Application allowed

Orders

  • All future and further proceedings in Originating Summons No. WA-31NCvC-320-02/2021 are stayed pending the High Court decision of Suit No. WA-22NCvC-662-10/2018 and the appointment of an executor or administrator for the estate of Dato' Tan