9 Jul 2020
LAI SIEW KIEN SOLID INVENTION SDN BHD & 5 LAGI
- Citation
- B-02(IM)(NCVC)-2486-12/2018 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(NCVC)-2486-12/2018 (Mahkamah Rayuan)
The Court of Appeal found the High Court was wrong to validate the sale absent proper authority: where a will specifically bequeaths property to beneficiaries this constitutes a restriction on the executrix's power to dispose under s60(3) PAA such that beneficiary consent or a court order is required; the purchaser could not unilaterally waive that safeguard to bind non‑consenting beneficiaries and the High Court's findings of consent/estoppel were erroneous. The appeal was allowed and the suit dismissed with costs.