Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Removal of caveats

Legal area

Court

20 Oct 2020

1. GOH KIEN KIEN 2. GOH LIAN PHENG 1. TAY SIEW HWA 2. TAN MENG LOON 3. WOO NAM HOONG

Citation

JB-22NCVC-74-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-74-12/2018 (Mahkamah Tinggi)

The court found that the documents requested were relevant to the claims (whether the contested assets are trust property and whether the purported will is effective), satisfied the three essential discovery elements (document, relevance, possession/custody/power) as articulated in Yekambaran, and were sufficiently particularised under the authorities; accordingly the application for discovery under Order 24 R3 and R7 was allowed and the Plaintiffs were ordered to produce the specified lists and documents within the period stated, with costs in the cause.
3 Feb 2020

TAN BON KIAT (No. K/P: 480521-01-5685) 1. WISDOM FOUNTAIN SDN BHD (NO.SYARIKAT: 1026485-K) 2. INDRA A/P LECHANAM (NO.K/P: 850620-01-6240) 3. BANDARI SIMMA REALTY SDN BHD (NO.SYARIKAT: 936685-H)

Citation

JA-24NCVC-383-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-383-06/2019 (Mahkamah Tinggi)

The caveats were removed because the First Defendant's claim was essentially monetary and did not establish a caveatable proprietary interest, the Defendants failed to rebut the plaintiff's affidavit particulars (deemed admissions), and the First and Third Defendants agreed to withdraw their caveats; plaintiff entitled to damages to be assessed and costs were awarded.