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2023 MarsdenLR 1785

HIGH COURT MALAYA KUALA LUMPUR
CHAN TSHIAO LI & ANOR – Appellant
Versus
MALCOM FERNANDEZ & ANOR – Respondent


Petitioner Advocates:V Sithambaram,Ruebankumar ,Respondent Advocate: Cecil Abraham,Avinder Singh Gill,Rishwant Singh,Mohd Irwan Ismail,Chia Eng Yi

Leong Wai Hong JC:

Introduction

[1] The defendants apply to me for the appointment of Administrators Pendente Lite to administer the estate of Lim Siew Kim, deceased ["Deceased"] and for certain ancillary orders. [See encl 12 Notice of application dated 13 April 2023].

[2] The term Administrator Pendente Lite is Latin for "administrator pending litigation". Such a person is appointed by a Court to manage a deceased's assets until the dispute over the deceased's will is resolved by the Court.

[3] The defendants who are executors of the will of the Deceased dated 28 April 2022 ("Impugned Will") urged me to grant their application urgently as decisions are required to manage the assets pending Court resolution of a dispute over the validity of the Impugned Will with the plaintiffs. In the Supporting Affidavit encl 13 Exhibits L-11 and L-19 and from paras 35 to 36.2.3 the defendants have set out details of funding that they say is urgently required to be paid out from the estate of the Deceased.

[4] The estate of the Deceased is huge by any standards. The plaintiffs say the estimated value of the estate is about RM1.6 billion. The defendants say "if we accept the plaintiffs' valuation of th

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