JUDGMENT

Eddie Yeo Soon Chye JC:

[After Full Trial]

Brief Facts

[1] The Plaintiff (Tangshan New Resources Ecological Sci & Tech Co, Ltd) is a company incorporated in China, engaged in the business of exporting vegetables and fruits to various countries, including but not limited to Malaysia.

[2] The Defendant (Rockwills Trustee Berhad) is a trust corporation incorporated under the Companies Act 1965 (B2 p 189) and registered under the Trust Companies Act 1949 (B2 p 144). The Defendant as a trust company is primarily engaged in the business of professional will writing, estate planning and management. The Defendant regularly acts as executor of estates as part of its business in estate planning and management.

[3] The Defendant was appointed by the late Leong Chin Hai (deceased) as the sole executor of his last will and testament dated 18 January 2020 (B2 p 154). The deceased passed away on 5 March 2020 (death certificate B2 p 161) and the Defendant applied for the Grant of Probate vide KL High Court WA-32NCvC-977- 05/2021 on 25 May 2021 (B2 p 234). The Grant of Probate dated 23 September 2021 (B2 p 382) states that the Defendant was a trust company and the sole executor who is currently administering the deceased's estate.

[4] Preceding the demise of Leong Chin Hai, the deceased was engaged in the vegetable retail business under the trading name of CH Leong Enterprise and the relevant details as reflected in the Companies Commission of Malaysia Business Information (B2 p 383) are as follows:

Business Ownership Sole Proprietorship

Business Expiry Date 28 January 2021

Business Type Menjual Buah-buahan & Sayur-sayuran

Status Terminated

[5] The Plaintiff's solicitors, Messrs. Yeoh Shim Siow & Lay Kuan, upon discovering that the Defendant (Rockwill Trustee Berhad) is the deceased's appointed executor, sent an e-mail to the Defendant on or around 30 October 2020, requesting that the outstanding sum to be included in the Deceased's list of liabilities. According to the Plaintiff, the Defendant refused, neglected and/or failed to comply with the Plaintiff's solicitor's request.

[6] As a result, in concerning that the Deceased's estate might be distributed without incorporating the outstanding sum, the Plaintiff, vide their solicitors, lodged a caveat against the Deceased's estate on or around 15 March 2021 which caveat has since lapsed on or around 17 September 2021. In view of the foregoing, the Plaintiff had no alternative but to initiate the present action against the Deceased's estate to recover the balance outstanding sum.

Evidence Of The PW1 (Zhang Jie)

[7] PW1 (witness statement in Encl 78) is the Plaintiff's company employee. PW1 was tasked to manage the Plaintiff's business operation, including dealing with the customers, arranging for the delivery of vegetables to the customers' addresses and issuing invoices for vegetables sold. PW1 elaborated on the course of business dealings between the Plaintiff company and CH Leong Enterprise. The deceased would place his orders with the Plaintiff by email and telephone as the standard of procedures and practice after placing the orders with the Plaintiff application for permits prior to delivering the vegetable to the deceased or CH Leong Enterprise business address. The Plaintiff will then arrange for shipment to export the goods to the deceased in Malaysia. Sometimes when deceased placed an order exceeding the limit imposed by the Government, the deceased would instruct the Plaintiff (B3 pp 568 - 603) by emails for vegetables to be delivered to third parties as follows:

(a) Tanjung Sejahtera Agro Sdn Bhd.;

(b) Uniko Farm Sdn Bhd.; and

(c) Indah Import & Eksport Sdn Bhd.

[8] PW1 referred to the commercial invoices, China's customs declaration form for exported goods, bills of lading and shipment forms issued by the Plaintiff to CH Leong Enterprise (B1 pp 2 -62) amounting to USD$247,501.00. CH Leong Enterprise and/or the deceased failed to make any payment for the goods delivered and/or received.

[9] F