The Plaintiff a former Chief Health Inspector in the Majlis Perbandaran Johor Bahru and his brother Khaw Chong Liat (KCL) engaged the services of the Defendant, a partner in the firm of Tetuan Ismail, Khoo & Associates to act for them prior to the commencement of Penang High Court Civil Suit Number 22-63-1995 (Suit 63) later consolidated with Penang High Court Suit Number 22-271-1994 and 22-299-1995 and Originating Motion Number 25-59-2001. The

Plaintiff was named as one of the four Trustees

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in the last Will of his late father Datuk Khaw Bian Cheng, deceased (the said deceased) dated 24.10.1990. There were thirteen Plaintiffs. Subsequently the said deceased was alleged to have made another Will. Suit 63 was filed by the Plaintiffs against the 1st to the 3rd Defendants and the 4th and 5th Defendants who later intervened to determine the validity of one of the two Wills and all the parties to the Suit 63

were the children and grand children of the said deceased. The Court delivered judgment in favour of the Plaintiffs by declaring the Will made on 24.10.90 as the valid Will. It is necessary for the purposes of this case to reproduce the entire order of the Court dated 1.6.98. It reads as follows:-

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IN THE HIGH COURT OF MALAYA AT PENANG CIVIL SUIT NO. 22-63-1995 (CT-3)

[ Consolidated with Civil Suit No. 22-271-1994 and Civil Suit No. 22-299-1995 ]

Between

1. Khaw Cheng Bok

2. Khaw Cheng Liat

3. Khaw Liang Imm

4. Susie Yeoh Kooi Huah

5. Betsy Yeoh Kooi Sim

6. Khaw Teik Lim

7. Khaw Gim Hong

8. Khaw Teik Chye

9. Khaw Teik Hock by his next friend, Tan Poh Kheng

10. Khaw Teik Ghim

11. Serena Khaw

12. Sally Khaw

13. Desmond Khaw . . . Plaintiffs

And

1. Khaw Cheng Poon

2. Khaw Teik Ewe

3. Khaw Teik Chong

4. Khaw Cheng Hum

5. Grace Khaw Gim Siew ... Defendants

ORDER

BEFORE THE HONOURABLE MR. JUSTICE

JEFFREY TAN KOK WHA

THIS 1ST DAY OF JUNE, 1998 IN OPEN COURT

UPON THE TRIAL of this action AND UPON HEARING John Khoo Boo Lai counsel for the 1st 3rd 4th and 5th

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Plaintiffs, Richard Huang counsel for the 2nd 9th 10th 11th 12th and 13th Plaintiffs, Ng Poh Tat counsel for the 6th Plaintiff and S. Theivanthiran counsel for the 7th and 8th Plaintiffs AND K.H. Koh counsel for the 1st and 2nd Defendants, Foo Say Keow counsel for the 3rd Defendant and J.A. Yeoh counsel for the 4th and 5th Defendants AND UPON HEARING oral evidence AND UPON READING the documents recorded on the Court file as having been read;

THE COURT PRONOUNCES for the force and validity of the Last Will and Testament of Khaw Bian Cheng the

deceased in this action being the script bearing date 24th October, 1990.

AND THE COURT PRONOUNCES against the force and validity of the alleged Last Will and Testament of Khaw Bian Cheng the deceased in this action being the script bearing date 3rd August, 1992:

IT IS ORDERED as follows :-

(a) that the 1st Defendant, Khaw Cheng Poon and the 2nd

Defendant, Khaw Teik Ewe be and are hereby

discharged as executors and trustees of the estate

of the deceased;

(b) that upon their Petition, that Probate of the Wills

dated 24-10-1999 be granted to the 1st Plaintiff,

Khaw Cheng Bok and the 6th Plaintiff, Khaw Teik Lim

the remaining executors and trustees under Order 71

.4

of the Rules of the High Court 1980 and without enquiry on the formal and substantial validity of the 1990 Wills;

(c) that the 1st, 2nd and 3rd Defendants do pay to the

Plaintiffs the sum of Ringgit Malaysia Five Hundred

Thousand (RM500,000.00) as exemplary damages;

(d) that the 1st Defendant do pay to the estate of Khaw

Bian Cheng the sum of Ringgit Malaysia Nine Hundred

and Thirty Four Thousand and Sixty Three and Sen

Seventy (RM934,063.70) ;

(e) that the 2nd Defendant do pay to the estate of Khaw

Bian Cheng the sum of Ringgit Malaysia One Hundred

and Twenty One Thousand Five Hundred and Sixty Seven

and Sen Thirty Five (RM121,567.35);

(f) that the estate of Khaw Bian Cheng do deduct a sum

of Ringgit Malaysia Five Hundred and Seventy Seven

Thousand (R