1) TAN BOON THIEN 2) LOW CHOW YENG (f) 1) TAN POH LEE 2) TAN POH HUI 3) TAN POH YEE

1) TAN BOON THIEN 2) LOW CHOW YENG (f) 1) TAN POH LEE 2) TAN POH HUI 3) TAN POH YEE

Given the intense litigation over competing wills, the disputed Deed and Power of Attorney, and evidence of risk of asset dissipation and urgency, the High Court properly exercised its discretion under s19 PAA and O.72 r.20 ROC to appoint an independent administrator pendente lite to preserve and manage the estate (including disputed assets subject to restitution claims) pending final determination; there was no misapplication of principle warranting appellate intervention.

Citation
W-02(IM)(NCvC)-2540-12/2018 (Mahkamah Rayuan)
Parties
1st Appellant / 1st Defendant in High Court: Tan Boon Thien; 2nd Appellant / 5th Defendant in High Court: Low Chow Yeng; 1st Respondent / Plaintiff in High Court: Tan Poh Lee; 2nd Respondent / 3rd Defendant in High Court: Tan Poh Hui; 3rd Respondent / 4th Defendant in High Court: Tan Poh Yee
Court
IM
Jurisdiction
Malaysia
Judgment Date
30 January 2020
Case Number
W-02(IM)(NCvC)-2540-12/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Concerning Probate Action (appointment of Administrator Pendente Lite) / Appeal to Court of Appeal — Judgment Affirming High Court Order Dated 7 December 2018
Outcome
Appeal dismissed; High Court order dated 7 December 2018 appointing administrator pendente lite affirmed
Legal Topics
Administrator Pendente Lite, Appointment of Administrator, Validity of Will, Deed of Gift, Power of Attorney, Preservation of Estate Assets, Jurisdiction and Remit of Administrator
Source Language
Malay/English
Probate and Administration Civil Procedure Trusts and Property Law Estate Law Administrator Pendente Lite Appointment of Administrator Validity of Will Deed of Gift +3 more

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Parties

Tan Boon Thien

1st Appellant / 1st Defendant in High Court

Low Chow Yeng

2nd Appellant / 5th Defendant in High Court

Tan Poh Lee

1st Respondent / Plaintiff in High Court

Tan Poh Hui

2nd Respondent / 3rd Defendant in High Court

Tan Poh Yee

3rd Respondent / 4th Defendant in High Court

Procedural Posture

Civil Appeal Concerning Probate Action (appointment of Administrator Pendente Lite) / Appeal to Court of Appeal — Judgment Affirming High Court Order Dated 7 December 2018

Legal Issues

  1. 1 Whether appointment of an administrator pendente lite under s19 PAA and O.72 r.20 ROC was justified
  2. 2 Whether assets allegedly transferred inter vivos and listed in schedules fall outside administrator’s jurisdiction
  3. 3 Whether there was necessity/proper object to make the appointment given competing deeds/wills and other proceedings

Ratio Decidendi

Given the intense litigation over competing wills, the disputed Deed and Power of Attorney, and evidence of risk of asset dissipation and urgency, the High Court properly exercised its discretion under s19 PAA and O.72 r.20 ROC to appoint an independent administrator pendente lite to preserve and manage the estate (including disputed assets subject to restitution claims) pending final determination; there was no misapplication of principle warranting appellate intervention.

Court Disposition

Appeal dismissed; High Court order dated 7 December 2018 appointing administrator pendente lite affirmed

Orders

  • Appeal dismissed and decision of the High Court dated 7 December 2018 affirmed
  • The stay granted by the Court of Appeal on 21 February 2019 lapsed