1. ) CHAN LEONG ONN 2. ) CHAN LEONG NGOH 3. ) CHAN LEONG HOONG 4. ) CHAN LEONG NGIAP v CHAN LEONG HEE
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Introduction 1. The Plaintiffs are seeking a Declaration from the Court against the Defendant who is their brother, that the properties left behind by their parents are trust properties and therefore should be disposed accordingly, for the benefit of all the siblings. 2. The Plaintiffs applied that the issues in this case to be determined by way of Order 33 or Order 14A of the Rules of Court 2012(“the Rules”) without the necessity of a full trial. 3. The provisions of Order 33(2) and Order 14A are reproduced here for ease of reference: Conclusion 11. As there is no cause of action and as the properties have yet to be sold, the Plaintiffs’ claim is premature and unsustainable 12. In the upshot the Court dismissed the Plaintiffs claim against the Defendant with a cost of RM10,000.
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Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-10-01-2025)