Procedural rules in probate actions must be adhered to strictly, and duplicative applications are impermissible.

[Enclosure 70 (First Citee)]

Introduction

[1] This application [Enclosure 70] by the First Citee pursuant to O 72 r 18 and O 92 r 4 of Rules of 2012 (" ROC ") . The Citee filed an application to strike out an application (encl 50) in requiring the Citees to bring into and leave at the Registry the "GERAN MENGENAI SURAT KUASA MENTADBIR" dated 7 April 2022 ("the grant") and issued by this Court on 19 May 2022.

[2] The Court granted the application (encl 50) on 11 May 2023 and dismissed the First Citee's (1st Citee) application (Enclosure 70). Parties are referred to as they were in the High Court.

Cause Papers

[3] The relevant cause papers pertaining to encl 70 are as follows:

(i) Notis Permohonan dated 29 September 2022 (Enclosure 70);

(ii) Afidavit Jawapan (2) affirmed by Tang Choon Meng on 29 September 2022 (Enclosure 72):

(iii) Afidavit Sokongan affirmed by John Khoo Boo Lai on 29 September 2022 (Enclosure 73);

(iv) Afidavit Jawapan affirmed by Tang Choon Meng on 17 October 2022 (Enclosure 78); and

(v) Afidavit Balasan affirmed by John Khoo Boo Lai on 31 October 2022 (Enclosure 82)

Background Facts As Submitted By Parties

[4] The Deceased, Tang Lam Ang @ Tan Bak Seng (NRIC No: 370626- 07-5193/3654913) ("Deceased") was a Malaysian citizen who resided at No 1359, Sungai Udang, 14310 Nibong Tebal, Seberang Perai Selatan, domiciled in Malaysia, and at the time of his death had properties within the jurisdiction of this Court.

[5] The 1st to 4th Citors are siblings and are the lawful children of the Deceased. Tan Choon Eng, Tan Zoon Hooi and Tan Choon Hong are also the Citors' siblings ("Citors' Siblings") and the lawful children of the Deceased. Together with the Citors, it is undisputed by parties that they are the Deceased's next of kin and beneficiaries to the Deceased's estate.

[6] In October 2015, the 1st to 3rd Citors appointed Ismail, Khoo & Associates to file an application to apply for the Grant of Letters of Administration vide Penang High Court Originating Summons No 31NCvC-431-10/2015 ("Application for Grant of LA"). The 1st Citee was the solicitor in charge of preparing all the relevant cause papers for the Application for Grant of LA.

[7] The 4th Citor, Tan Soke Meng was represented by Ong & Associates and the 2nd Citee was the solicitor in charge of the matter. The Citors' Siblings were represented by Arnold Andrew & Co and the 3rd Citee was the solicitor in charge of the matter.

[8] The Citors argues that contrary to the Citors' instructions and without their consent, the 1st and 2nd Citees had agreed to be appointed as co-administrators for the estate of the Deceased for the interest and benefit of the beneficiaries of the estate ("Order dated 11 April 2017")

[9] It is the Citors' allegation that the Citees' had at all material times failed, refused and/or neglected to provide the 1st to 3rd Citors with relevant updates or documents that were requested. As such, the 1st to 3rd Citors had appointed Faizul Hadi & Co as the 1st Citee had consistently ignored their queries for relevant information and documents but to no avail.

[10] By August 2021, more than 4 years had passed since the Order dated 11 April 2017, the 1st to 3rd Citors had appointed the Citors' solicitors, Mah Weng Kwai & Associates, to follow up on the status of the administration of the Deceased's estate. By way of a file search, the 1st to 3rd Citors discovered that the Citees are in fact not the administrators of the Deceased's estate, as the Grant of LA for the Deceased's estate had not been extracted.

[11] The 1st to 3rd Citors had applied to this Court to be joint administrators of the Deceased's estate and the matter