25 Nov 2019
Beyond Halmark Sdn. Bhd. 1. Cheah Them Kheng & 2 Lagi
- Citation
- WA-22NCVC-471-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-471-07/2019 (Mahkamah Tinggi)
The court exercised its discretion under Order 15 r 6A ROC 2012 and held that it may appoint the Third Defendant as representative of the deceased First Defendant's estate for the purpose of the proceedings despite the Third Defendant's lack of consent because the totality of relevant circumstances (nephew, party to the suit, person who reported the death, alleged recipient of the disputed funds, and practical suitability) justified appointment; indemnity was unnecessary because appointment does not impose personal liability, and the appointment was limited to these proceedings.