CHEW LOY CHOO 1. ) CHOW HEAP SENG 2. ) GENTLE BUILT SDN BHD

CHEW LOY CHOO 1. ) CHOW HEAP SENG 2. ) GENTLE BUILT SDN BHD

The settlement agreement required mutual consent of beneficiaries to the appointment of an auctioneer; the 1st Defendant's request that multiple auctioneers be proposed was reasonable and capable of implementation without causing improper delay; therefore the Plaintiff could not unilaterally proceed and the...

Source-derived case information.

Citation
PA-22NCvC-102-06/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Chew Loy Choo (Administrator of the Estate of Chew Soo Thun @ Chew Soo Tan); First Defendant: Chow Heap Seng; Second Defendant: Gentle Built Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 March 2024
Case Number
PA-22NCvC-102-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (estate Administration) / Interlocutory Application for Court Orders Relating to Appointment of Auctioneer and Sale by Public Auction
Outcome
Plaintiff's application dated 16.10.2023 (Exhibit 65) dismissed
Legal Topics
Appointment of Auctioneer, Enforcement of Settlement Agreement, Consent Among Beneficiaries, Abuse of Process
Civil Procedure Probate and Administration Property Law Equity Appointment of Auctioneer Enforcement of Settlement Agreement Consent Among Beneficiaries Abuse of Process

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Parties

Chew Loy Choo (Administrator of the Estate of Chew Soo Thun @ Chew Soo Tan)

Plaintiff

Chow Heap Seng

First Defendant

Gentle Built Sdn Bhd

Second Defendant

Procedural Posture

Civil Suit (estate Administration) / Interlocutory Application for Court Orders Relating to Appointment of Auctioneer and Sale by Public Auction

  1. 1 Whether the 1st Defendant unreasonably withheld consent to the appointment of the auctioneer proposed by the Plaintiff
  2. 2 Whether the Court should appoint the auctioneer or enforce terms of the settlement agreement
  3. 3 Whether the Plaintiff's application amounted to an abuse of process

Ratio Decidendi

The settlement agreement required mutual consent of beneficiaries to the appointment of an auctioneer; the 1st Defendant's request that multiple auctioneers be proposed was reasonable and capable of implementation without causing improper delay; therefore the Plaintiff could not unilaterally proceed and the application seeking court orders to impose its choice was an abuse of process and is dismissed.

Court Disposition

Plaintiff's application dated 16.10.2023 (Exhibit 65) dismissed

Orders

  • Application dismissed
  • No order as to costs