Pre-action discovery is essential for determining viable claims against estate administrators, ensuring proper asset distribution and preventing unnecessary litigation.

JUDGMENT

Wong Siong Tung J:

Application and brief background facts

[1] By this Originating Summons dated 7 October 2024 (Encl 1), the Plaintiffs essentially seek pre-action discovery under O 24 r 7A of the Rules of 2012. The application seeks to compel the Defendants to disclose documents relating to the shareholding and dividends of the late Ling Kai King (the Deceased). The discovery is sought for the purpose of an intended action against the administrators of the Deceased's estate relating to the administration of the estate.

[2] The late Mr Ling Kai King (the Deceased) passed away on 14 April 2018 leaving behind his wife, Wong Nguok Chuo who is the 2nd Plaintiff in this action, and his five (5) children as follows:

(a) Ling Tiing Chiong (Tiing Chiong), his son;

(b) Ling Tiong Thong (Tiong Thong), his son;

(c) Ling Ting Woo (Ting Woo), his son;

(d) Ling Tiing Lik, his son; and

(e) Ling Pik Kiew, his daughter who is the 1st Plaintiff in this action.

[3] The Letters of Administration were granted to Ling Tiing Chiong and Ling Tiong Thong on 24 September 2018 as joint administrator (the Joint Administrators).

[4] The Deceased left behind several properties which are listed in the Letters of Administration. These properties as listed are:

(a) Mew Sing Holdings Berhad (Company No. 020049-A) (the 1st Defendant) - Dividend No 168;

Land Properties:

(b) Sibu Occupation Ticket 22397 (whole share);

(c) Sibu Grant 2429 (whole share), which has been replaced by Lot 680 Block 11 English Land District;

(d) Lot 3226 Sibu Town District (whole share);

(e) Lot 3231 Sibu Town District (whole share);

(f) Lot 78 Block 3 Sungai Merah Town District (1/4th share);

Vehicles:

(g) One (1) unit motorcycle Honda (Registration No. QSJ3068);

(h) One (1) unit motorcar Toyota Corolla (Registration No. QSB5009).

[5] The Plaintiffs' grievance is that the Joint Administrators have failed to distribute its assets among the beneficiaries in accordance with the Administration of Estate Ordinance 1948 and the Distribution Act 1958 since the issuance of the Letters of Administration in 2018.

[6] They discovered that the suspected Deceased's shares in Mew Sing Holdings Berhad (1st Defendant) were transferred to the Joint Administrators and Ting Woo on 18 March 2024 2024 which they alleged was without their knowledge or consent.

[7] Some of the land properties are still registered under the Deceased's name, while others have been transmitted to the Joint Administrators.

[8] The Plaintiffs are concerned about the status of these assets left by the Deceased and whether they have been properly managed or distributed.

[9] They intend to file legal action against the Joint Administrators for breach of trust and failure to distribute the assets of the Deceased's estate in accordance with the law.

[10] The Plaintiff's instant application concerns matters related to the estate of the Deceased, specifically regarding his entitlement to dividends from the 1st Defendant under Dividend No 168, as listed in the Letters of Administration. This suggests that the Deceased held a share interest in the 1st Defendant during his lifetime.

[11] The Plaintiffs claim that they do not have knowledge or source documents showing the exact number of shares registered under the Deceased's name at the time of his death and the amount of dividends payable under Dividend No 168. Despite requests, the Joint Administrators have not disclosed this information. Despite requests, the Joint Administrators have not disclosed this information

[12] The Plaintiffs claim that they need to verify whether the shares transferred to the Joint Administrators and Ting Woo on 18 March 2024 were previously owned by the Deceased, if at all, to determine if there is a viable claim in the intended action in respect of these matters against the Joint Administrators of the Deceased's estate.

[13] The Plaintiffs had sought these information and related documents from the Defendants but was refused.

[14] Accordingly, the Plaintiffs filed the present