1. DESAMINIUM JAYA SDN BHD 2. TAY MARY 1. TAN AI LIN 2. TAN RUY MUN 3. TAN SHA LIN 4. NG PAK MUI

1. DESAMINIUM JAYA SDN BHD 2. TAY MARY 1. TAN AI LIN 2. TAN RUY MUN 3. TAN SHA LIN 4. NG PAK MUI

Court found Plaintiffs established sufficient prima facie grounds and serious issues for trial (handwriting expert opinion and the suspicious deposit of a photocopied will plus attempted asset transfers), that damages would be inadequate and the balance of convenience favoured preservation; the court held it has power under the Rules and inherent jurisdiction to appoint a Receiver and Manager and accepted Plaintiffs' undertaking for damages, thereby granting both the interlocutory injunction and appointment of Mr Lim Tian Huat as Receiver and Manager.

Citation
WA-22NCVC-662-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff/applicant: Desaminium Jaya Sdn Bhd; Plaintiff/applicant: Tay Mary; Defendant/respondent: Tan Ai Lin; Defendant/respondent: Tan Ruy Mun; Defendant/respondent: Tan Sha Lin; Defendant/respondent: Ng Pak Mui
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 January 2020
Case Number
WA-22NCVC-662-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (probate/estate) / Interlocutory Applications Decided (injunction and Appointment of Receiver and Manager)
Outcome
Applications allowed in part: interlocutory injunction granted; Receiver and Manager appointed
Legal Topics
Validity of Will, Forgery Allegations, Grant of Probate, Appointment of Receiver and Manager, Preservation of Assets Pending Trial, Court's Inherent Jurisdiction
Source Language
Malay/English
Probate and Succession Civil Procedure Equity Injunctions Receivership and Liquidation Validity of Will Forgery Allegations Grant of Probate +3 more

Case Brief

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Parties

Desaminium Jaya Sdn Bhd

Plaintiff/applicant

Tay Mary

Plaintiff/applicant

Tan Ai Lin

Defendant/respondent

Tan Ruy Mun

Defendant/respondent

Tan Sha Lin

Defendant/respondent

Ng Pak Mui

Defendant/respondent

Procedural Posture

Civil Suit (probate/estate) / Interlocutory Applications Decided (injunction and Appointment of Receiver and Manager)

Legal Issues

  1. 1 Whether the Last Will dated 15.01.2017 is a forgery and the Grant of Probate invalid
  2. 2 Whether an interlocutory injunction should be granted to restrain the executors/beneficiaries from acting and dealing with estate assets
  3. 3 Whether the court may appoint a Receiver and Manager to preserve the estate pending trial and on what terms

Ratio Decidendi

Court found Plaintiffs established sufficient prima facie grounds and serious issues for trial (handwriting expert opinion and the suspicious deposit of a photocopied will plus attempted asset transfers), that damages would be inadequate and the balance of convenience favoured preservation; the court held it has power under the Rules and inherent jurisdiction to appoint a Receiver and Manager and accepted Plaintiffs' undertaking for damages, thereby granting both the interlocutory injunction and appointment of Mr Lim Tian Huat as Receiver and Manager.

Court Disposition

Applications allowed in part: interlocutory injunction granted; Receiver and Manager appointed

Orders

  • Interlocutory injunction restraining 1st and 2nd Defendants from acting as Executors or as Beneficiaries and from dealing with any property/assets of the Deceased's estate (Enclosure 6)
  • Appointment of Mr Lim Tian Huat of Messrs Rodgers Reidy & Co as Receiver and Manager of the Deceased's estate on terms of reference as per Schedule A to Enclosure 39