CHAN CHEE WING (NRIC No.: 620719-10-6031) 1. ROBERT YEOW TOW HOCK 2. TAN CHENG HONG Tan Cheng Hong@ Tan Chin Hong 3. NG KOOI YING [sued as the Administrator of the estate of Tan Siew Ling (NRIC No : 650715-07-5168)

CHAN CHEE WING (NRIC No.: 620719-10-6031) 1. ROBERT YEOW TOW HOCK 2. TAN CHENG HONG Tan Cheng Hong@ Tan Chin Hong 3. NG KOOI YING [sued as the Administrator of the estate of Tan Siew Ling (NRIC No : 650715-07-5168)

The 1st Defendant's interlocutory application was dismissed because the plaintiff was not a party or in privity to the earlier proceedings so res judicata did not apply, the allegations of fraud and conspiracy raised serious disputed facts that could not be determined summarily on affidavit and therefore were unsuitable for disposal under Order 14A, Order 18 r19 or Order 33 r2; however, to avoid duplicity and for convenience the court exercised Order 57 r1 to transfer the suit to the court hearing the related suit against CIMB Bank.

Citation
WA-22NCvC-274-06/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Chan Chee Wing; 1st Defendant (administrator of the Estate): Robert Yeow Tow Hock; 2nd Defendant (administrator of the Estate): Tan Cheng Hong; 3rd Defendant (administrator of the Estate of Tan Siew Ling): Ng Kooi Ying (sued as the Administrator of the estate of Tan Siew Ling)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 June 2021
Case Number
WA-22NCvC-274-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (claims Against Deceased's Estate and Related Causes of Action) / Interlocutory Application (application to Strike Out / Preliminary Determination; Transfer Application)
Outcome
1st Defendant's application dismissed; claim not struck out; suit transferred to the High Court handling related suit against CIMB Bank
Legal Topics
Res Judicata, Abuse of Process, Striking Out, Order 14 a Rules of Court 2012, Order 18 Rule 19 Rules of Court 2012, Order 33 Rule 2 Rules of Court 2012, Order 57 Rule 1 Transfer, Duplicity of Proceedings, Conspiracy
Source Language
Malay/English
Civil Procedure Probate and Administration of Estates Equity and Unjust Enrichment Banking and Finance Law Fraud Res Judicata Abuse of Process Striking Out +6 more

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Parties

Chan Chee Wing

Plaintiff

Robert Yeow Tow Hock

1st Defendant (administrator of the Estate)

Tan Cheng Hong

2nd Defendant (administrator of the Estate)

Ng Kooi Ying (sued as the Administrator of the estate of Tan Siew Ling)

3rd Defendant (administrator of the Estate of Tan Siew Ling)

Procedural Posture

Civil Suit (claims Against Deceased's Estate and Related Causes of Action) / Interlocutory Application (application to Strike Out / Preliminary Determination; Transfer Application)

Legal Issues

  1. 1 Whether plaintiff's claim is barred by res judicata from earlier originating summons and Court of Appeal proceedings
  2. 2 Whether the 1st Defendant's application to strike out the claim under Order 14A, Order 18 r19 or Order 33 r2 is appropriate
  3. 3 Whether the plaintiff's proceedings amount to abuse of process or are filed for collateral/ulterior purposes

Ratio Decidendi

The 1st Defendant's interlocutory application was dismissed because the plaintiff was not a party or in privity to the earlier proceedings so res judicata did not apply, the allegations of fraud and conspiracy raised serious disputed facts that could not be determined summarily on affidavit and therefore were unsuitable for disposal under Order 14A, Order 18 r19 or Order 33 r2; however, to avoid duplicity and for convenience the court exercised Order 57 r1 to transfer the suit to the court hearing the related suit against CIMB Bank.

Court Disposition

1st Defendant's application dismissed; claim not struck out; suit transferred to the High Court handling related suit against CIMB Bank

Orders

  • Application by the 1st Defendant under Order 18 rule 19, Order 14A and Order 33 rule 2 dismissed with costs
  • Suit transferred to the High Court hearing suit number 22NCVC-883-11/2019 under Order 57 rule 1 of the Rules of Court 2012