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2025 MarsdenLR 4696

HIGH COURT MALAYA KUALA LUMPUR
THONG KIM YING @ THONG KUM YING – Appellant
Versus
THONG TECK YOONG @ THONG TUCK WENG & ORS – Respondent


Petitioner Advocates:Avinder Singh Gill ,Respondent Advocate: Gavin Jayapal,Sivanandini Sreegantham,Merissa Ann Augustin

JUDGMENT

Ahmad Shahrir Mohd Salleh J:

(Enclosures 63 And 83)

Introduction

[1] In this suit, the plaintiff challenges the validity of the alleged last will and testament of the late Thong Wee Kee ("Impugned Will").

[2] The 1st, 2nd, 3rd, 5th and 6th defendants ("Defendants") filed an application in Enclosure [63] for the appointment of an administrator pendente life over the estate of the late Thong Wee Kee. The Defendants proposed the appointment of Mr Ashvin Mahendran of Baker Tilly Insolvency PLT as administrator pendente lite pending the full and final determination of this suit.

[3] The plaintiff and the 4th defendant opposed the application. They contended that no compelling circumstances exist to justify such an appointment. Alternatively, if any appointment is required, it should be from among the existing parties and not a costly professional third party.

[4] Six days before the date scheduled for hearing of the application, the Defendants filed an additional affidavit in Enclosure [82] and subsequently sought leave of this Court by an application in Enclosure [83] to allow the additional affidavit to be used.

[5] Upon perusal of the application and affidavits and considering the


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