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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

[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 bungalow house (Bungalow) and take the proceeds absolutely;

(iii) the plaintiff had fully settled the deceased's outstanding loan in respect of the Bungalow;

(iv) the deceased had subsequently sold the Bungalow and from the proceeds, he paid the plaintiff a sum of money and the balance was used to settle the deceased's debts and to purchase a terrace house;

(v) the plaintiff had paid for medical expenses, etc for the deceased who died in India and also for transportation expenses to bring the deceased's body back to Malaysia;

(vi) the p

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