Ng Chui Kin Ng Chin Kum (Sebagai Wasi Harta Pusaka Ng Chin Hon @ Ng Chin Woon

Ng Chui Kin Ng Chin Kum (Sebagai Wasi Harta Pusaka Ng Chin Hon @ Ng Chin Woon

The application was dismissed because the plaintiff admitted the signatures, the minor variations were reasonably explained by differences in time and the plaintiff's age/physical deterioration, the application was filed late and would prejudice process, and the court has power under s73 EA to compare writings...

Source-derived case information.

Citation
WA-24NCvC-1630-05/2023 (Mahkamah Tinggi)
Parties
PLAINTIFF: NG CHUI KIN; DEFENDANT (executor of the Estate of NG CHIN HON @ NG CHIN Woon): NG CHIN KUM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 August 2024
Case Number
WA-24NCvC-1630-05/2023 (Mahkamah Tinggi)
Procedural Posture
Probate/originating Summons / Interlocutory Application to Order Forensic Examination of Signatures (enclosure 36)
Outcome
Enclosure 36 dismissed
Legal Topics
Signature Verification, Forgery Allegation, Expert Forensic Examination Application, Inherent Powers of the Court, Costs
Probate and Administration Evidence Civil Procedure Signature Verification Forgery Allegation Expert Forensic Examination Application Inherent Powers of the Court Costs

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Summary, issues, holding and outcome

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Parties

NG CHUI KIN

PLAINTIFF

NG CHIN KUM

DEFENDANT (executor of the Estate of NG CHIN HON @ NG CHIN Woon)

Procedural Posture

Probate/originating Summons / Interlocutory Application to Order Forensic Examination of Signatures (enclosure 36)

Legal Issues

  1. 1 Whether the court should order the Department of Chemistry to examine the plaintiff's impugned signatures to determine forgery
  2. 2 Whether the impugned affidavits' signatures are authentic
  3. 3 Whether the defendant's application was timely and prejudicial to the plaintiff

Ratio Decidendi

The application was dismissed because the plaintiff admitted the signatures, the minor variations were reasonably explained by differences in time and the plaintiff's age/physical deterioration, the application was filed late and would prejudice process, and the court has power under s73 EA to compare writings without requiring a forensic examination; therefore no valid reason existed to order forensic testing.

Court Disposition

Enclosure 36 dismissed

Orders

  • Enclosure 36 dismissed
  • Costs awarded to plaintiff of RM7,000.00 subject to allocatur