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2017 MarsdenLR 213

COURT OF APPEAL PUTRAJAYA
SIDAMBARAM TOROSAMY – Appellant
Versus
LOK BEE YEONG – Respondent


Petitioner Advocates:George Proctor ,Respondent Advocate: Jasvinder Singh,C Leo Camoensn

Table of Content
1. the appellant's claim rests on the deceased's intentions regarding property and loans. (Para 1 , 12)
2. the appeal primarily revolves around the claims made due to power of attorney and trust. (Para 2 , 3)
3. consideration of financial transactions as evidence of trust further complicates the case. (Para 4 , 11 , 13 , 14)
4. judicial interpretation of power of attorney forms a pivotal issue regarding irrevocability. (Para 5 , 6)
5. court grapples with the definitions of duties under a power of attorney. (Para 16)
[1] The appellant/plaintiff's appeal is against part of the decision of the learned Judicial Commissioner who disallowed a substantial claim of the plaintiff against the estate of his brother (deceased) who is represented by the defendant who is the deceased's wife. In the instant case, evidence had been adduced in court to show the relationship between the deceased and the wife had been estranged.

[2] The primary facts supported by evidence in our own words are as follows:

(i) the plaintiff had given financial assistance to the deceased on various occasions, and even after death;

(ii) the deceased had given a Power of Attorney to the plaintiff to sell his bunga

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