1. TAN CHONG WEE (sebagai Wasi dan Pemegang Amanah bagi Harta Pusaka Tan Kim Hai @ Tan Chong Cheng, Si Mati) 2. TAN CHONG JEN (sebagai Wasi dan Pemegang Amanah bagi Harta Pusaka Tan Kim Hai @ Tan Chong Cheng, Si Mati) 3. BALA KRISHNAN A/L P

1. TAN CHONG WEE (sebagai Wasi dan Pemegang Amanah bagi Harta Pusaka Tan Kim Hai @ Tan Chong Cheng, Si Mati) 2. TAN CHONG JEN (sebagai Wasi dan Pemegang Amanah bagi Harta Pusaka Tan Kim Hai @ Tan Chong Cheng, Si Mati) 3. BALA KRISHNAN A/L P

The striking out applications were dismissed because the Plaintiffs' application raised real questions of law and fact fit for a full hearing; it was not a plain and obvious case of no reasonable cause of action, nor clearly frivolous, vexatious or an abuse of process, and therefore premature to summarily strike out.

Citation
JA-24NCC-32-12/2020 (Mahkamah Tinggi)
Parties
Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff): Tan Chong Wee; Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff): Tan Chong Jen; Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff): Bala Krishnan A/L Ponniah; Individual and Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (first Defendant): Tan Kim Suang @ Chen Tzong Shii; Defendant (second Defendant; Alternate Director Dispute): Tan Han Seng; Defendant (third Defendant; Company Secretary): Chai Siow Chen; Defendant (fourth Defendant; Was Company Secretary When Application Filed): Seow Gek Hong; Fifth Defendant Company (subject Company): Clay Industries Sdn. Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2021
Case Number
JA-24NCC-32-12/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (probate, Trusteeship and Company Law Dispute) / Hearing on Striking Out Applications Under Order 18 R.19 Rules of Court 2012
Outcome
Striking out applications dismissed
Legal Topics
Striking Out Under Order 18 R.19, Locus Standi of Executors, Interpretation of Will and Code of Conduct, Appointment of Alternate Director, Conflict of Interest, Abuse of Process
Source Language
Malay/English
Probate Trusts Company Law Civil Procedure Striking Out Under Order 18 R.19 Locus Standi of Executors Interpretation of Will and Code of Conduct Appointment of Alternate Director +2 more

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Parties

Tan Chong Wee

Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff)

Tan Chong Jen

Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff)

Bala Krishnan A/L Ponniah

Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (plaintiff)

Tan Kim Suang @ Chen Tzong Shii

Individual and Executor and Trustee for the Estate of Tan Kim Hai @ Tan Chong Cheng (first Defendant)

Tan Han Seng

Defendant (second Defendant; Alternate Director Dispute)

Chai Siow Chen

Defendant (third Defendant; Company Secretary)

Seow Gek Hong

Defendant (fourth Defendant; Was Company Secretary When Application Filed)

Clay Industries Sdn. Berhad

Fifth Defendant Company (subject Company)

Procedural Posture

Originating Summons (probate, Trusteeship and Company Law Dispute) / Hearing on Striking Out Applications Under Order 18 R.19 Rules of Court 2012

Legal Issues

  1. 1 Whether the Plaintiffs (joint executors) have locus standi to bring the application
  2. 2 Whether a majority of joint executors can decide for the estate without unanimous consensus
  3. 3 Meaning and effect of 'consensus' in the Will and Code of Conduct

Ratio Decidendi

The striking out applications were dismissed because the Plaintiffs' application raised real questions of law and fact fit for a full hearing; it was not a plain and obvious case of no reasonable cause of action, nor clearly frivolous, vexatious or an abuse of process, and therefore premature to summarily strike out.

Court Disposition

Striking out applications dismissed

Orders

  • Striking out applications under Order 18 r.19 dismissed
  • Costs awarded (dismissal with costs)