Malaysia Case Law: Decisions & Judgments

Topic

Substitution of parties on death

Legal area

Court

22 Jan 2024

Lim Cheng Hoe Ng Mong Wei

Citation

WA-24F-21-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-21-01/2019 (Mahkamah Tinggi)

MIL's death alone did not amount to a material change in circumstances under s96; MON failed to prove material change or to demonstrate ability to provide a stable, supportive environment or financial maintenance; GEL had been the primary carer and financial provider since MIL's death and acted in the child's best interests; therefore the Variation Application was dismissed and GEL's custody/guardianship application was allowed consistent with the child's welfare being paramount.
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.
1 Jul 2021

1. KARAMJIT SINGH A/L SARUP SINGH 2. BALJIT SINGH A/L SARUP SINGH 3. AMARJIT SINGH A/L SARUP SINGH 1. KIRAT SINGH SANDHU A/L MANCHARANJIT SINGH 2. JASRAJ SINGH SANDHU 3. MALKIT SINGH A/L SARUP SINGH 4. JARANJIT KAUR A/P SAPURAN SINGH 5. NIM

Citation

JB-22NCVC-42-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-42-06/2018 (Mahkamah Tinggi)

Amendment permitting deletion of Malkit Singh as defendant and his addition as a plaintiff is allowed: the death of the subject Mancharanjit Singh changed the factual matrix making substitution under Order 15 r.7 appropriate; there was no evidence of mala fides or abuse of process and any prejudice to defendants can be compensated by costs; therefore leave to amend (Enclosure 41) is granted with costs RM1,500 to defendants.
3 Sept 2020

1. TAN AH BOH @ TAN LIAN KOON 2. TAN LIN HOCK @ TAN LIAN HOCK 3. TAN TONG CHIN 4. TAN THONG KOOI 5. TAN TONG GUAN 6. TAN TONG TEK 1. TAN LIAN HOO 2. TAN LIAN KERN

Citation

JA-36-2-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-36-2-03/2018 (Mahkamah Tinggi)

The application was dismissed because the writ of seizure and sale was a consequence of an earlier, final order (enclosure 7 allowed 17 January 2019) made after substitution of representatives; the issues raised by the defendant had already been litigated and were barred by res judicata; the repeated applications constituted an abuse of process intended to frustrate enforcement of a long-standing unpaid judgment; accordingly the defendant had not come to court with clean hands and the application was dismissed with costs.
6 Sept 2019

NG CHEAH KOW (NO K/P: 541021-10-6173) LOW HOCK LAI (NO K/P: 800620-10-5651) [Sebagai Wasi harta Pusaka LOW THEAN CHOR (NO K/P: 480914-71-5113) – SIMATI]

Citation

B-02(IM)(NCVC)-211-01/2019 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)(NCVC)-211-01/2019 (Mahkamah Rayuan)

The Court of Appeal held that the enforceability of the judgment against the deceased's estate and whether the executor breached fiduciary duties are triable issues requiring viva voce evidence; it is not plain and obvious that the claim is wholly unsustainable or an abuse of process, therefore the High Court's strike‑out was wrong and the matter must be reinstated for case management and trial.

Malaysia Case Law

Lim Cheng Hoe Ng Mong Wei

XXXX Kho Kok Hong (Disaman Dalam Kapasiti Sebagai Wasi & Pemegang Amanah Estet Kho Ah Soon, Si Mati) PIHAK KETIGA Lim Tian Huat

1. KARAMJIT SINGH A/L SARUP SINGH 2. BALJIT SINGH A/L SARUP SINGH 3. AMARJIT SINGH A/L SARUP SINGH 1. KIRAT SINGH SANDHU A/L MANCHARANJIT SINGH 2. JASRAJ SINGH SANDHU 3. MALKIT SINGH A/L SARUP SINGH 4. JARANJIT KAUR A/P SAPURAN SINGH 5. NIM

1. TAN AH BOH @ TAN LIAN KOON 2. TAN LIN HOCK @ TAN LIAN HOCK 3. TAN TONG CHIN 4. TAN THONG KOOI 5. TAN TONG GUAN 6. TAN TONG TEK 1. TAN LIAN HOO 2. TAN LIAN KERN

NG CHEAH KOW (NO K/P: 541021-10-6173) LOW HOCK LAI (NO K/P: 800620-10-5651) [Sebagai Wasi harta Pusaka LOW THEAN CHOR (NO K/P: 480914-71-5113) – SIMATI]