KALIYAMMA A/P TAMIL SELVAM

ba-24ncvc-2434-10-2025 High Court (Mahkamah Tinggi) 19 November 2025 • BA-24NCvC-2434-10/2025 • 6 min read

Catchwords

Probate and administration — Estate administration — Application for appointment of interim administrator — Ex parte originating summons — Whether mere absence of grant of representation sufficient — Requirement of urgent necessity — No evidence of imminent risk to estate — Whether interim appointment justified — Rules of Court 2012, O 15 r 6A; O 92 r 4 — Application dismissed. Civil procedure — Ex parte application — Duty of full and frank disclosure — Non-disclosure of material facts — Failure to disclose existence of other beneficiaries — Effect of non-disclosure — Whether relief ought to be refused. Evidence — Affidavits — Sufficiency of affidavit evidence — Bare assertions without documentary support — Absence of death certificate, proof of relationship and land search — Whether affidavit discloses primary facts — Evidential weight undermined. Equity — Interim relief — Discretion of court — Exceptional remedy — Absence of urgency — Balance of justice — Whether court should exercise inherent powers — Judicial restraint. Practice and procedure — Probate — Interim relief not a substitute for ordinary probate process — Proper course to apply for letters of administration — Exceptional circumstances required.

Judges (1)

Asmah binti Musa Delivered

Counsel (2)

P. Gunalan & Co Firm Gunalan Paranjoth Counsel Applicant

Parties (1)

Kaliyamma a/p Tamil Selvam Applicant

Case Significance

KALIYAMMA A/P TAMIL SELVAM is a High Court (Mahkamah Tinggi) decision dated November 19, 2025 (citation: ba-24ncvc-2434-10-2025). The case was decided by Asmah binti Musa.

What was the outcome of KALIYAMMA A/P TAMIL SELVAM?

KALIYAMMA A/P TAMIL SELVAM is a High Court decision dated November 19, 2025. The case was heard by Asmah binti Musa. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24ncvc-2434-10-2025)