JUDGMENT

Leong Wai Hong J:

[Application To Convert To Writ]

Introduction

Sad Case

[1] This is a sad case involving a family fight over money and perhaps greed. On one side are the eldest son and eldest daughter who are now "in control" of the plaintiff. The two defendants are the aged mother age 87 and the patriarch [deceased on 25 June 2023] who founded the companies and the family wealth that are currently the source of family dispute. On the side of the mother and father [deceased] are two younger daughters and the youngest son.

Application Before Me

[2] The application before me is dated 7 April 2025 [Enclosure 45] by the 1st defendant ["D1"] for the conversion of an Originating Summons ["OS"] [Enclosure 1] to a writ action.

[3] At the outset of the hearing and even during the midst of oral submissions, I had asked counsel for the plaintiff whether the plaintiff is agreeable to convert the OS to a writ in view of my earlier finding, in a recusal application filed in this OS, that there are substantial disputes of facts in this OS. The plaintiff's counsel declined.

[4] The recusal application was filed by D1 to disqualify Mr Yuean Jin Han and following that Messrs Cheang & Ariff from acting for the plaintiff in the OS and other actions in relation to or arising out from this OS due to conflict issues. I had allowed the application. My Grounds of Decision is now reported as Ee Soon Guan Sdn Bhd V. Leong Wai Har & Anor, HC. It is now pending appeal at the Court of Appeal.

[5] On 28 July 2025, after hearing oral submissions, I had struck out the OS with liberty to file afresh with costs subject to allocatur.

[6] The plaintiff has appealed to the Court of Appeal on 27 August 2025. These are my Grounds of Decision.

[7] In my Grounds, the plaintiff here will sometimes be referred to as Ee Soon Guan Sdn Bhd if I am also in the same paragraph referring to the related company Paloh Development Sdn Bhd ["PD"].

[8] This is because in another KLHC OS No WA-24NCC-203-04/2024, a similar conversion to writ application has been filed in a suit filed by PD against D1 and D2 [deceased]. I had also allowed the application on 28 July 2025 and an appeal to the Court of Appeal was also lodged on 27 August 2025. A separate Grounds of Decision is prepared for that appeal.

Facts Of The Case

Parties And Persons Related To This OS

[9] Ee Soon Guan Sdn Bhd and its related company PD are family-owned companies with substantial business and assets in Johor. The founders are D1 and her late husband Ee Soon Guan [sued as D2] ["Deceased"]. They were also at all material times the directors and shareholders of both companies.

[10] D1 and the Deceased have 5 children. They are:

i. Ee Poh Ping ["EPP"]

ii. Ee Poh Ling ["EPL"]

iii. Ee Choh Teck ["ECT"]

iv. Ee Poh Swan ["EPS"]

v. Ee Chow Huat [deceased]

D1's Version Of The Disputes

[11] The following is D1's version of the disputes.

[12] At all material times, the Deceased was the director and controlling mind of the plaintiff, and D1 was accustomed to act solely in accordance with his directions, instructions and wishes for all company related matters.

[13] The Deceased was a traditional person of Chinese descent. As the patriarch of the family, his voice and actions unequivocally bind the family. Since the inception of the plaintiff, in D1's capacity as a director, all decisions and actions undertaken by her were based on the express directives provided by the Deceased, ensuring his intentions were fully honoured and executed.

[14] D1 does not have proficiency in Bahasa Malaysia and English as she was fully Chinese educated until she completed her studies in the secondary level. D1 is currently 87 years old.

Show Cause Notice From CCM

[15] Sometime in April 2022, EPP had discovered a Notice for striking off of the plaintiff issued by the Companies Commission of Malaysia ("CCM") on 21 May 2021.

[16] The Show Cause notice dated 21 May 2021 was issued under s 551(1) of the Companies Act 2016 by CCM against the plaintiff to be struck off