3 Aug 2022
VEGIA A/P CHANDRASEKARAN 1. ) THAIGARAJAN A/L RAMASAMY 2. ) NACHIAPPAN A/L RAMASAMY 3. ) AMANAH RAYA BERHAD 4. ) MUHAMMAD HANIF KARUPPIAH BIN ABDULLAH
- Citation
- DA-22NCvC-16-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-16-03/2021 (Mahkamah Tinggi)
The executor (plaintiff) has locus standi under s59 Probate and Administration Act 1959 to pursue causes of action the deceased possessed including a dissolution claim under s37 Partnership Act 1961; material disputes of fact exist as to whether contested properties were acquired with partnership funds and thus are partnership assets; because the claims raise triable issues and are not plainly unsustainable the strike‑out applications under O.18 r.19 fail and must be dismissed with costs in the cause.