Tan Poh Lee 1. ) TAN BOON THIEN 2. ) CHEW PHYE KEAT 3. ) TAN POH HUI 4. ) TAN POH YEE 5. ) LOW CHOW YENG PENCELAH Harta Pusaka Tan Kim Choo @ Tan Kim Choon [Bertindak Melalui Pentadbir Pendente Lite, Lim Tian Huat Yang Dilantik Melalui Peri

Tan Poh Lee 1. ) TAN BOON THIEN 2. ) CHEW PHYE KEAT 3. ) TAN POH HUI 4. ) TAN POH YEE 5. ) LOW CHOW YENG PENCELAH Harta Pusaka Tan Kim Choo @ Tan Kim Choon [Bertindak Melalui Pentadbir Pendente Lite, Lim Tian Huat Yang Dilantik Melalui Peri

The Court held the APL's invoice for RM593,376.96 was reasonable and properly supported by itemisation and affidavit, D1's objections lacked merit and were barred by prior decisions (res judicata), and there was no need to refer the account to the Registrar for examination; accordingly the application in L.447 was allowed and costs of RM7,000 awarded against D1.

Citation
WA-22NCvC-703-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Tan Poh Lee; First Defendant: Tan Boon Thien; Second Defendant: Chew Phye Keat; Third Defendant: Tan Poh Hui; Fourth Defendant: Tan Poh Yee; Fifth Defendant: Low Chow Yeng; Administrator Pendente Lite (applicant): Lim Tian Huat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 February 2024
Case Number
WA-22NCvC-703-10/2018 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration (probate Action) / Interlocutory Application for Approval of Administrator Pendente Lite Fees (apl Application)
Outcome
Application in L.447 allowed; APL's fees for the year (enclosure 447 / Invoice P-00301 dated 30.10.2023) found reasonable and approved; First Defendant's objections dismissed.
Legal Topics
Administrator Pendente Lite Fees, Taxation of Costs, Res Judicata / Issue Estoppel, Approval of Professional Fees
Source Language
Malay/English
Probate and Administration Civil Procedure Professional Regulation Administrator Pendente Lite Fees Taxation of Costs Res Judicata / Issue Estoppel Approval of Professional Fees

Case Brief

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Parties

Tan Poh Lee

Plaintiff

Tan Boon Thien

First Defendant

Chew Phye Keat

Second Defendant

Tan Poh Hui

Third Defendant

Tan Poh Yee

Fourth Defendant

Low Chow Yeng

Fifth Defendant

Lim Tian Huat

Administrator Pendente Lite (applicant)

Procedural Posture

Probate and Administration (probate Action) / Interlocutory Application for Approval of Administrator Pendente Lite Fees (apl Application)

Legal Issues

  1. 1 Whether APL Invoice No. P-00301 dated 30.10.2023 for RM593,376.96 is reasonable and should be approved by the Court
  2. 2 Whether the APL’s account should be referred to the Registrar for examination/taxation under O.72 r.20 RC 2012
  3. 3 Whether D1's objections are barred by res judicata/issue estoppel

Ratio Decidendi

The Court held the APL's invoice for RM593,376.96 was reasonable and properly supported by itemisation and affidavit, D1's objections lacked merit and were barred by prior decisions (res judicata), and there was no need to refer the account to the Registrar for examination; accordingly the application in L.447 was allowed and costs of RM7,000 awarded against D1.

Court Disposition

Application in L.447 allowed; APL's fees for the year (enclosure 447 / Invoice P-00301 dated 30.10.2023) found reasonable and approved; First Defendant's objections dismissed.

Orders

  • APL Invoice No. P-00301 dated 30.10.2023 for RM593,376.96 approved by the Court
  • First Defendant's objections to L.447 dismissed