(Dismissing Application To Set Aside Order Appointing Receiver)

Prelusion

[1] This is an Application by a substitute defendant to set aside an Order that was made against the original defendant (now deceased).

[2] The plaintiff sued the original defendant. The plaintiff recorded a default judgment against the original defendant. The plaintiff obtained an Order to charge the original defendant's shares in a company. The plaintiff also obtained an Order appointing a Receiver to sell the shares, to utilise the sale proceeds to satisfy the judgment sum.

[3] The original defendant then passed away.

[4] The plaintiff then obtained an Order to substitute the executor of the original defendant's estate as the defendant in the suit.

[5] The substitute defendant (in his capacity as the executor of the estate) applies to set aside the Order appointing the Receiver.

[6] Should the Order appointing the Receiver be set aside?

Chronology Of The Pertinent Facts And Proceedings

Suit 139

[7] The Plaintiff here: Ng Kim Lim Holdings Sdn Bhd (P) sued Kho Ah Soon (now deceased) by filing Penang High Court suit PA-22NCVC-139-02/2012 (Suit 139).

[8] By a Judgment In Default dated 6 June 2012 (JID