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2016 MarsdenLR 913

COURT OF APPEAL PUTRAJAYA
LEE HENG MOY & ORS – Appellant
Versus
PACIFIC TRUSTEES BERHAD & ORS – Respondent


Table of Content
1. understanding the background and proceedings of the estate distribution. (Para 1 , 2 , 4 , 5)
2. resistance faced during estate administration and court application for clarity. (Para 8 , 9 , 10 , 11)
3. interpretation of the term 'instituting legal proceedings' regarding vexatious litigants. (Para 21 , 22 , 25)
4. affirmation of consent order binding effects on estate distribution. (Para 29 , 33)
Mary Lim Thiam Suan JCA:

[1] This is an appeal by the appellant against the decision of the High Court at Kuala Lumpur which had allowed the application by the 1st respondent, in relation to the distribution of the estate of Tan Hok Low, deceased. For convenience, the parties shall be referred to or how they were referred to at the High Court.

Background Facts

[2] By an amended originating summons dated 24 March 2015, the plaintiff, the administrator of the estate of Tan Hok Low, deceased, sought the following orders:

a. a declaration that the defendants are the lawful beneficiaries of the estate of Tan Hok Low, deceased;

b. that the defendants are entitled to the estate of Tan Hok Low, deceased, in the following proportions:

c. that the plaintiff shall proceed with the administr

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