KEE LEE PEOW v 1. ) KEE JEK HEE 2. ) KOK SIEW POH 3. ) Lee Ying Ying (sebagai Penjaga dan Pemegang Amanah Bagi Kee Wai Mun (No. K/P: 080803-14-0844)
Catchwords
- This is the Plaintiff’s Application for Interlocutory Injunction and Disclosure Order against the Defendants (Enclosure 19) to prevent the 2nd Defendant (D2) and the 3rd Defendant (D3) from performing their duties as the administrators for the estate of the late Kee Soon Ling (Deceased). This Court has allowed Enclosure 19. - the Court has the discretion as to the persons whom administration is to be granted. If the deceased died intestate, the Court will typically grant administration to someone with an interest in the residuary estate unless the estate is insolvent or there are special circumstances that make it appropriate to appoint someone else - Thus, the grant of an injunctive relief is an equitable remedy which is within the court’s absolute discretion. - This Court had given decision to Enclosure 19 in favour of the Plaintiff. However, upon further perusal of the matter, this Court must admit that based on O71 R19 of the Rules of Court 2012 and section 30 of the Probate and Administration Act 1959, priority and balance of convenience should have been to the beneficiaries as compared to the Plaintiff. Regrettably, a decision was already delivered as such, which should have been otherwise.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-629-11-2023)