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HIGH COURT (KUALA LUMPUR)
ARZIAH MOHAMED APANDI, JC
Hui Foong Kiew – Appellant
Versus
Yee Tuck Lee – Respondent


Advocates:
Steven Tan Chee Qian (with Mohd Danish bin Shahrir) (Chuah Qian & Partners) for the plaintiff.
Natrah bt Mazman (Federal Counsel) (with Norizan bt Mohamed) (Jabatan Insolvensi) for the Director General of Insolvency.

Arziah Mohamed Apandi JC:

GROUNDS OF JUDGMENTI. INTRODUCTION

[1]Both parties lodged the appeals as they both come to this Court with the same intention for the reliefs to be granted. They are the immediate family of the mother and son, who both hold a Vi share in the property concerned. The Defendant was a bankrupt up until recently, when he was discharged, and this Originating Summons was filed.

[2]The Plaintiff seeks two principal declarations: first, that the Defendant holds his 1/2 share in property at Grant 80898, Lot 368, Section 981/2 share, has been claimed by and released to the Director General of Insolvency (“DGI”).

[3]For obvious reasons, the Defendant does not oppose the application. Although the DGI submitted written arguments as an interested party, it was not formally included as a party to the proceedings. Having considered all the evidence, reviewed the written submissions, and heard the parties, I dismiss the Originating Summons based on the following.

II. FACTUAL MATRIX

[4]The undisputed facts show that the Property was initially owned by the Plaintiffs late husband, Yee How @ Yee Hoi Kong. About 40 years ago, the Property was transferred into the joint names of the P

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