1. ) SIM KOOI CHUAN 2. ) SIM KOOI LIM 3. ) SIM KOOI SUN 4. ) SIM KOOI TIN @ GARMAN KOOI TIN 5. ) SIM KOOI LENG @ TAN KOOI LENG NELSON SIM PING HUN

1. ) SIM KOOI CHUAN 2. ) SIM KOOI LIM 3. ) SIM KOOI SUN 4. ) SIM KOOI TIN @ GARMAN KOOI TIN 5. ) SIM KOOI LENG @ TAN KOOI LENG NELSON SIM PING HUN

Interim injunction (inter partes application/enclosure 3) was granted because plaintiffs raised bona fide serious questions to be tried, the balance of convenience favoured preserving the estate and damages would be inadequate; the defendant failed to establish the required threshold for fortification (enclosure 14) because he did not show a sufficient level of risk, an intelligent estimate of likely loss, or causation for the alleged losses; the defendant's application to dissolve the ad interim injunction and to rely on late affidavit (enclosure 69) was dismissed for lack of evidence of bad faith by plaintiffs and as an abuse of process or unsupported leave application.

Citation
PA-22NCvC-147-06/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Sim Kooi Chuan; Plaintiff: Sim Kooi Lim; Plaintiff: Sim Kooi Sun; Plaintiff: Sim Kooi Tin @ Garman Kooi Tin; Plaintiff: Sim Kooi Leng @ Tan Kooi Leng; Defendant (as Executor/wasi of Estate): Nelson Sim Ping Hun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 March 2022
Case Number
PA-22NCvC-147-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Probate/will Dispute and Interlocutory Applications / Interlocutory: Inter Partes Interim Injunction Application, Application for Fortification of Undertaking, Application to Dissolve Ad Interim Injunction
Outcome
Enclosure 3 (inter partes interim injunction) allowed; Enclosure 14 (application for fortification of undertaking RM20,000,000) dismissed; Enclosure 69 (application to dissolve/set aside ad interim injunction and consequential reliefs) dismissed.
Legal Topics
Interim Injunction, Ad Interim Injunction, Fortification of Undertaking, Security for Costs, Validity of Will (undue Influence/testamentary Capacity), Transmission of Shares, Enforcement of Undertakings
Source Language
Malay/English
Equity Probate and Succession Civil Procedure Company Law Property Law Interim Injunction Ad Interim Injunction Fortification of Undertaking +4 more

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Parties

Sim Kooi Chuan

Plaintiff

Sim Kooi Lim

Plaintiff

Sim Kooi Sun

Plaintiff

Sim Kooi Tin @ Garman Kooi Tin

Plaintiff

Sim Kooi Leng @ Tan Kooi Leng

Plaintiff

Nelson Sim Ping Hun

Defendant (as Executor/wasi of Estate)

Procedural Posture

Civil Probate/will Dispute and Interlocutory Applications / Interlocutory: Inter Partes Interim Injunction Application, Application for Fortification of Undertaking, Application to Dissolve Ad Interim Injunction

Legal Issues

  1. 1 Whether an inter partes interim injunction should be granted to preserve the estate pending trial
  2. 2 Whether the plaintiffs' undertaking as to damages should be fortified (security for the undertaking) to RM20,000,000
  3. 3 Whether the plaintiffs or their solicitors acted in bad faith or misled the court sufficient to deny equitable relief

Ratio Decidendi

Interim injunction (inter partes application/enclosure 3) was granted because plaintiffs raised bona fide serious questions to be tried, the balance of convenience favoured preserving the estate and damages would be inadequate; the defendant failed to establish the required threshold for fortification (enclosure 14) because he did not show a sufficient level of risk, an intelligent estimate of likely loss, or causation for the alleged losses; the defendant's application to dissolve the ad interim injunction and to rely on late affidavit (enclosure 69) was dismissed for lack of evidence of bad faith by plaintiffs and as an abuse of process or unsupported leave application.

Court Disposition

Enclosure 3 (inter partes interim injunction) allowed; Enclosure 14 (application for fortification of undertaking RM20,000,000) dismissed; Enclosure 69 (application to dissolve/set aside ad interim injunction and consequential reliefs) dismissed.

Orders

  • Inter partes interim injunction granted to preserve status quo over deceased's estate assets pending disposal of main suit (enclosure 3)
  • Application for fortification of plaintiffs' undertaking as to damages in the sum of RM20,000,000 dismissed (enclosure 14)