YAP CHIN HUAT 1. ) Tung Goon Guat (Sebagai Wasi Harta Pusaka Yap Kuang. Simati) 2. ) Tung Goon Guat

YAP CHIN HUAT 1. ) Tung Goon Guat (Sebagai Wasi Harta Pusaka Yap Kuang. Simati) 2. ) Tung Goon Guat

The FSA was procured by undue influence and coercion: the appellant, by virtue of his position in loco parentis and by maintaining/lodging a probate caveat and threats to renew it, was in a position to dominate the respondent's will and obtained an unconscionable advantage; the Sessions Court's factual findings to that effect were supported by evidence and were not 'plainly wrong'; accordingly the FSA is voidable and unenforceable against the respondent and the appeal is dismissed.

Citation
PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff (father): Yap Chin Huat; Respondent 1 (executor of Estate): Tung Goon Guat; Respondent 2 (personal Capacity): Tung Goon Guat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2024
Case Number
PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (post Trial Appeal) / Judgment on Appeal From Sessions Court (post Trial)
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Undue Influence, Coercion, Free Consent, Probate Caveat, Family Settlement Agreement, Appellate Review 'plainly Wrong' Test
Source Language
Malay/English
Contract Law Probate and Succession Civil Procedure Undue Influence Coercion Free Consent Probate Caveat Family Settlement Agreement +1 more

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Parties

Yap Chin Huat

Appellant/plaintiff (father)

Tung Goon Guat

Respondent 1 (executor of Estate)

Tung Goon Guat

Respondent 2 (personal Capacity)

Procedural Posture

Civil Appeal (post Trial Appeal) / Judgment on Appeal From Sessions Court (post Trial)

Legal Issues

  1. 1 Whether the Family Settlement Agreement (FSA) was entered into with free consent
  2. 2 Whether undue influence or coercion by the appellant rendered the FSA voidable
  3. 3 Whether the appellant stood in a position to dominate the respondent's will (fiduciary/in loco parentis)

Ratio Decidendi

The FSA was procured by undue influence and coercion: the appellant, by virtue of his position in loco parentis and by maintaining/lodging a probate caveat and threats to renew it, was in a position to dominate the respondent's will and obtained an unconscionable advantage; the Sessions Court's factual findings to that effect were supported by evidence and were not 'plainly wrong'; accordingly the FSA is voidable and unenforceable against the respondent and the appeal is dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed and Sessions Court judgment affirmed (Plaintiff's claim dismissed; Defendant's counterclaim allowed)
  • Appellant to pay costs of RM15,000 to Respondent by 24/09/2024 (costs subject to allocatur)