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HIGH COURT MALAYA JOHOR BAHRU
LAU CHOON YEUB (F) & ANOR – Appellant
Versus
MAK CHOW YON @ HA CHAI & ORS – Respondent
| Table of Content |
|---|
| 1. application for conversion of os to writ action (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments contesting the need for oral evidence (Para 6 , 7 , 20 , 21) |
| 3. legal basis for converting os into writ (Para 8 , 9 , 10) |
| 4. implications of amendment on conversion application (Para 12 , 13 , 14) |
| 5. need for oral evidence in complex disputes (Para 16 , 18 , 19 , 23) |
| 6. decision allowing os to continue as writ (Para 24 , 25) |
[Enclosure 14]
Introduction
[1] This is an application filed by the 2nd, 3rd and 4th Defendants seeking for, inter alia, an order that this Originating Summons ("OS") be converted into a writ action.
[2] As a brief background, in 1992, the 1st Defendant was married to the 1st Plaintiff and since then they have been living at No 12, Jalan Dedap 26, Taman Johor Jaya, Johor Bahru. The 2nd Plaintiff is their daughter.
[3] Before this, the 1st Defendant was married to Tan Ah Guan (now divorced) and they were blessed with four children, namely:
(a) the 2nd Defendant;
(b) the 3rd Defendant;
(c) the 4th Defendant (f); and
(d) Mak Chi Cheong, a mentally disordered person.
[4] The 1st Defendant is currently 88 years old and the Plaintiffs aver that the former
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