MT(2)-22-2109-07 (Mahkamah Tinggi)

MT(2)-22-2109-07 (Mahkamah Tinggi)

The application to substitute the applicant as party was allowed because the applicant, as executrix with a grant of probate, is the legal representative under s59 PAA 1959 and therefore has locus to enforce the Court of Appeal order; the High Court retains inherent jurisdiction to grant consequential orders to give effect to final judgments and is not functus officio in this context; substitution was necessary in the interests of justice to prevent the estate being deprived of the fruits of litigation.

Citation
MT(2)-22-2109-07 (Mahkamah Tinggi)
Parties
Applicant (executrix): Lim Yan Peng; Deceased Plaintiff: Lim Ban Kay @ Lim Chiam Boon; 1st Defendant: Kilang Kelapa Sawit Morib Sdn Bhd; 2nd Defendant: Tan Hock Kien; 3rd Defendant: Tan Hock Boon
Court
2
Jurisdiction
Malaysia
Judgment Date
15 July 2022
Case Number
MT(2)-22-2109-07 (Mahkamah Tinggi)
Procedural Posture
Civil Specific Performance Enforcement / Interlocutory Application for Substitution of Party
Outcome
Application allowed
Legal Topics
Substitution of Parties, Functus Officio, Consequential Orders, Locus Standi, Specific Performance, Probate
Source Language
Malay/English
Civil Procedure Probate and Administration Contract Law Equity Substitution of Parties Functus Officio Consequential Orders Locus Standi +2 more

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Parties

Lim Yan Peng

Applicant (executrix)

Lim Ban Kay @ Lim Chiam Boon

Deceased Plaintiff

Kilang Kelapa Sawit Morib Sdn Bhd

1st Defendant

Tan Hock Kien

2nd Defendant

Tan Hock Boon

3rd Defendant

Procedural Posture

Civil Specific Performance Enforcement / Interlocutory Application for Substitution of Party

Legal Issues

  1. 1 Whether an executor/executrix can be substituted to enforce a prior Court of Appeal order
  2. 2 Whether the court is functus officio and therefore lacks jurisdiction to grant substitution or consequential relief
  3. 3 Whether the contracts survive the death of the plaintiff and bind the deceased's estate

Ratio Decidendi

The application to substitute the applicant as party was allowed because the applicant, as executrix with a grant of probate, is the legal representative under s59 PAA 1959 and therefore has locus to enforce the Court of Appeal order; the High Court retains inherent jurisdiction to grant consequential orders to give effect to final judgments and is not functus officio in this context; substitution was necessary in the interests of justice to prevent the estate being deprived of the fruits of litigation.

Court Disposition

Application allowed

Orders

  • Application dated 22.10.2021 allowed
  • Applicant Lim Yan Peng to be made a party in Shah Alam High Court Civil Suit No: MT4(2)-22-2109-07 as substitute for the deceased plaintiff to enforce the Court of Appeal order