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2018 MarsdenLR 1631

HIGH COURT MALAYA SHAH ALAM
BEAHRO KAUR SAUDAGAR SINGH – Appellant
Versus
GURSHEEL KAUR GURMUKH SINGH & ORS – Respondent


Petitioner Advocates:Paul LH Chua,Ammar Ghalip ,Respondent Advocate: David Peters,Loo Man Keith

Table of Content
1. claim centered on trust and negligence. (Para 2 , 4 , 10)
2. discussion on procedural adherence and expert testimony. (Para 5 , 21 , 25)
3. role of witnesses and the credibility of evidence. (Para 6 , 7 , 8 , 11)
4. court's assessment of undue pressure impacting decisions. (Para 36 , 41)
5. the actions of the defendants indicate exploitation of the plaintiff's condition. (Para 43)
6. final judgment favoring the plaintiff based on evidence of undue influence. (Para 45)

[2] It was submitted on behalf of P that this action is the direct result of an episode where D1 and D2 on learning and knowing that P's illness was terminal, (more so when P's doctors and medical literature indicated that P would live for 6 to 9 months or a year) decided to exploit the situation for their pecuniary advantage. Further, that due to their existing preceding blood relationship with P, it was first thought that D1 and D2 were decent and honourable persons acting in good faith and out of generosity in the interests of P. But, on hindsight, it was an error of judgment that cost P and her husband ('PW1') dearly.

[3] It is important to note PW1's testimony which was unchallenged that he himself ha

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