JUDGMENT

Mohd Arief Emran Arifin JC:

A. Background

[1] The Plaintiff appeared before this Court today seeking to discontinue the action and this is being objected to by the 2nd to 3rd Defendants.

[2] The Plaintiff had filed an Originating Summons on 28 August 2019 against the Defendants relating to the Will of the deceased The Soon Seng and the shares in the company known as Golden Plus Holdings Berhad.

[3] The 2nd and 3rd Defendants are of the opinion that this Court should not allow the application for discontinuance sought by the as it is of the opinion that they are allegedly now dominus litis.

[4] The other Defendants do not have any objection to the application to discontinue save that the 5th Defendant seeks costs as it has had to incur legal fees and it would be equitable that it be compensated for costs. The other Defendants' counsels confirm that they do not have any objection to the withdrawal and are not seeking costs.

B. Decision Of This Court

[5] I have considered the arguments put forward by the 2nd and 3rd Defendants.

[6] I refer to the decision of Raja Azlan Shah J (as he then was) in Overseas Union Finance Ltd v. Lim Joo Chong , 1971 MarsdenLR 253 where his Lordship expl