13 Jan 2022
Tan Wee Khoon (No. KP: 611230075271) Tan Wee Chong (No KP: 601026-07-5443)
- Citation
- PA-22NCvC-4-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-4-01/2019 (Mahkamah Tinggi)
The summary application for an account was dismissed because there are multiple fact‑sensitive preliminary questions that, if proved at trial, would defeat the claim for an account — namely whether a trustee‑beneficiary relationship exists, whether the claim is time‑barred or saved by s22(1), whether the plaintiff has locus standi as a residuary beneficiary given incomplete estate administration, and whether an alleged settlement operates as accord and satisfaction; these require trial determination and preclude a summary order under Order 43 r 1.