VALERIE CHEE SUAN SIM OLIVE NAVAMONY DEVADASON

VALERIE CHEE SUAN SIM OLIVE NAVAMONY DEVADASON

The statement of claim disclosed no reasonable cause of action and lacked necessary particulars; the later 2020 will, probated or subject to probate proceedings in Western Australia, prima facie revokes the 2010 will and places the proper forum in Australia; consequently the Malaysian court was not seised to decree probate of the 2010 will and the action was properly struck out under Order 18 r 19 with costs.

Citation
PA-22NCVC-93-06/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Valerie Chee Suan Sim; Defendant: Olive Navamony Devadason
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2021
Case Number
PA-22NCVC-93-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Probate Suit / Strike Out Application Under Order 18 R 19 RC 2012; Judgment on Enclosure 31
Outcome
Enclosure 31 allowed; statement of claim struck out.
Legal Topics
Validity of Will, Revocation of Will, Locus Standi, Forum/ Jurisdiction, Strike Out for No Reasonable Cause of Action, Caveat Proceedings Abroad
Source Language
Malay/English
Probate Wills and Succession Civil Procedure Private International Law Validity of Will Revocation of Will Locus Standi Forum/ Jurisdiction +2 more

Case Brief

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Parties

Valerie Chee Suan Sim

Plaintiff

Olive Navamony Devadason

Defendant

Procedural Posture

Civil Probate Suit / Strike Out Application Under Order 18 R 19 RC 2012; Judgment on Enclosure 31

Legal Issues

  1. 1 Whether the statement of claim discloses a cause of action and contains sufficient particulars
  2. 2 Whether the plaintiff has locus standi to seek probate of the 2010 will
  3. 3 Whether the Malaysian High Court is the proper forum to grant probate given a later will and pending probate proceedings in Western Australia

Ratio Decidendi

The statement of claim disclosed no reasonable cause of action and lacked necessary particulars; the later 2020 will, probated or subject to probate proceedings in Western Australia, prima facie revokes the 2010 will and places the proper forum in Australia; consequently the Malaysian court was not seised to decree probate of the 2010 will and the action was properly struck out under Order 18 r 19 with costs.

Court Disposition

Enclosure 31 allowed; statement of claim struck out.

Orders

  • Enclosure 31 (strike out application) allowed
  • Statement of claim struck out for disclosing no cause of action and lacking particulars