22 May 2023
XXXX Kho Kok Hong (Disaman Dalam Kapasiti Sebagai Wasi & Pemegang Amanah Estet Kho Ah Soon, Si Mati) PIHAK KETIGA Lim Tian Huat
- Citation
- PA-24NCVC-1163-12/2016 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-24NCVC-1163-12/2016 (Mahkamah Tinggi)
The application to set aside the Order appointing the Receiver was dismissed because the Substitution Order lawfully substituted the executor so that all prior orders and steps (including the Charging Order and Order appointing Receiver) operate against the substituted executor; the substitute accepted substitution in the proceedings; the proper forum to challenge the Receiver's appointment was the original writ action; and setting aside would unjustly nullify plaintiff's substantive remedies on procedural technicality.