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.