Hashim Hamzah JCA:

Introduction

[1] For ease of reference, the parties in the present appeal shall be referred to as they were before the High Court below.

[2] This is the Defendant's appeal against the decision of the learned High Court Judge ("HCJ") dated 21 September 2023 in which the Defendant's application under O 14A of the Rules of 2012 ("ROC 2012") for the disposal of the case on point of law withou+t the full trial of the action ("Encl 8") was dismissed with costs of RM3,000.00, subject to an allocatur fee of 4%.

The Salient Facts

[3] The salient facts leading to the present appeal are as follows.

[4] Lou Pak Hoi @ Kwan Wong Moh ("LPH") passed away on 13 February 1986, leaving his last Will and Testament dated 5 November 1981 ("the LPH Will"). In the LPH Will, the late LPH had appointed his wife, See Toong Looi ("STL"), as the sole executrix of his estate and bequeathed all his assets to her.

[5] On 31 October 1986, STL passed away before she could obtain the grant of probate for LPH's estate, leaving the estate unadministered. The late STL left a Will and Testament dated 23 October 1986 ("the STL Will") in which she bequeathed all her inheritance from the late LPH's