1. LEK ENG HOCK 2. LEK POH SIOK LECK AH BAH

1. LEK ENG HOCK 2. LEK POH SIOK LECK AH BAH

The Court allowed the appeal, holding that the High Court erred in permitting the beneficiary to intervene in the ex-parte originating summons because (1) the respondent, as beneficiary under intestacy, had no legal interest in the estate pending administration and distribution; (2) the appellants had rendered statements of accounts and the respondent's dissatisfaction did not justify intervention in the administrative OS; and (3) the proper procedure to compel rendering and verification of accounts is a separate action under Order 80 ROC; accordingly intervention was improper and the High Court order was set aside.

Citation
W-02(IM)(NCVC)-828-05/2019 (Mahkamah Rayuan)
Parties
Appellant: Lek Eng Hock; Appellant: Lek Poh Siok; Respondent: Leck Ah Bah
Court
IM
Jurisdiction
Malaysia
Judgment Date
21 July 2020
Case Number
W-02(IM)(NCVC)-828-05/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal (appeal Allowed)
Outcome
Appeal allowed; High Court decision permitting intervention set aside
Legal Topics
Intervention (order 15 R 6 Roc), Duty to Render Accounts (s 62 PAA 1959), Originating Summons (ex Parte), Distribution of Intestate Estate (distribution Act 1958), Proper Forum for Account Claims (order 80 Roc)
Source Language
Malay/English
Probate and Administration Trusts Civil Procedure Succession Law Intervention (order 15 R 6 Roc) Duty to Render Accounts (s 62 PAA 1959) Originating Summons (ex Parte) Distribution of Intestate Estate (distribution Act 1958) +1 more

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Parties

Lek Eng Hock

Appellant

Lek Poh Siok

Appellant

Leck Ah Bah

Respondent

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal (appeal Allowed)

Legal Issues

  1. 1 Whether a beneficiary may intervene in an ex-parte originating summons under O.15 r.6(2)(b) ROC
  2. 2 Whether the administrators failed to render proper accounts of the estate
  3. 3 Whether Order 80 ROC is the correct procedure to compel administrators to render and verify accounts

Ratio Decidendi

The Court allowed the appeal, holding that the High Court erred in permitting the beneficiary to intervene in the ex-parte originating summons because (1) the respondent, as beneficiary under intestacy, had no legal interest in the estate pending administration and distribution; (2) the appellants had rendered statements of accounts and the respondent's dissatisfaction did not justify intervention in the administrative OS; and (3) the proper procedure to compel rendering and verification of accounts is a separate action under Order 80 ROC; accordingly intervention was improper and the High Court order was set aside.

Court Disposition

Appeal allowed; High Court decision permitting intervention set aside

Orders

  • High Court decision dated 11 April 2019 permitting respondent to intervene set aside
  • Costs of RM20000.00 awarded to the appellants (to appellants here and below) subject to allocator