Low Hop Bing JCA

(delivering judgment of the court)

The appellant’s (the plaintiff’s) appeal arises from the learned High Court judge’s decision in allowing the respondent’s (the defendant’s) application to strike out the plaintiff’s originating summons (the OS) under O 18 r19(1)(a)–(c) or (d) of the Rules of the High Court 1980 .

(A reference hereinafter to an Order and a rule is a reference to that Order and rule in the Rules of the High Court 1980 ).

In the OS, the plaintiff sought an order that pursuant to s 41Probate and Administration Act 1959

THE FACTUAL BACKGROUND

On 4 April 2008, the deceased passed away, allegedly testate, appointing the defendant as the executor of his estate.

The plaintiff claims that he is the natural son of the deceased and one Mdm Lum Sook Chan @ Lam Sook Chan. According to his Singapore birth certificate, the plaintiff was born in Singapore on 4 December 1973.

The deceased had applied for a Malaysian birth certificate and passport for the plaintiff, as evidence of the deceased’s natural relationship with the plaintiff.

Vide Hong Kong Special Administrative Region High Court No 29 of 2010, sub nom in The Estate of Tan Sri Datuk Lau Gek Poh @ Lau Gek Poh, d