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2021 MarsdenLR 810

HIGH COURT MALAYA KUALA LUMPUR
GAN THYE KUAN – Appellant
Versus
GAN THYE JIAN & ORS – Respondent


Petitioner Advocates:Muhammad Zahir Sanjay Abdullah ,Respondent Advocate: Chai Juan Fei

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] On 15 September 2021, I struck off the Plaintiffs ("P") action due to his non-compliance with pre-trial case management ("PTCM") directions. Here are my reasons for doing so.

[2] P and the three Defendants in the original action ("Defendants") are siblings. The Defendants are individually referred to as the 1st Defendant ("D1"), 2nd Defendant ("D2") and 3rd Defendant ("D3"). The 4th Plaintiff in the counterclaim is the mother of P and the Defendants ("Mother").

Plaintiffs Case

[3] P and the Defendants had opened several joint accounts ("Joint Accounts") in various banks ("Banks") as follows:

[4] The money in the Joint Accounts belong to Mother. P alleges that the said monies are to be used only for business purposes and not for personal use. Any withdrawal must be agreed by all the holders of the respective Joint Accounts. Notwithstanding that the bank mandate only require the signatures of any 2 account holder. Or where there are only 2 account holders, either one is to sign.

[5] On 25 March 2020, P discovered that there had been 3 withdrawals from a particular Joint Account held at UOB Bank ("Withdrawal") as follows:

[6] P avers that the Withdr


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