2020

2019

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2017

Cases

CHIN JHIN THIEN & ANOR v. CHIN HUAT YEAN @ CHIN CHUN YEAN & ANOR
Federal Court, Putrajaya
Mohd Zawawi Salleh, Idrus Harun, Nallini Pathmanathan, Zaleha Yusof, Hasnah Mohammed Hashim, FCJJ
[Civil Appeal No: 02(f)-29-04-2019(P)]
7 July 2020
[2020] 4 MLRA 324

JUDGMENT

Mohd Zawawi Salleh FCJ:

Introduction

[1] This is an appeal from the judgment of the Court of Appeal dated 13 October 2018 in terms of which it allowed the appeal by the defendants against the judgment of the High Court at Pulau Pinang dated 24 October 2017. The High Court had allowed the plaintiffs' claim, revoked the grant of probate issued to the defendants and inter alia declared that the will dated 18 December 2013 alleged to be the last will and testament of one Chin Joo Ngan ("deceased") as invalid and the deceased had died intestate.

[2] The appeal was by leave granted by this court on 18 March 2019 on the following questions of law:

First Leave Question

i. Whether the concept of secret trust is applicable to Malaysia as there is no decision regarding the applicability of secret trust?

Second Leave Question

ii. Whether secret trust is applicable in a case involving the issue of testamentary capacity of a testator?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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