24 Jul 2024
YAP CHIN HUAT 1. ) Tung Goon Guat (Sebagai Wasi Harta Pusaka Yap Kuang. Simati) 2. ) Tung Goon Guat
- Citation
- PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)
The FSA was procured by undue influence and coercion: the appellant, by virtue of his position in loco parentis and by maintaining/lodging a probate caveat and threats to renew it, was in a position to dominate the respondent's will and obtained an unconscionable advantage; the Sessions Court's factual findings to that effect were supported by evidence and were not 'plainly wrong'; accordingly the FSA is voidable and unenforceable against the respondent and the appeal is dismissed.