KATHLEEN WONG CHUIN LING JUSTIN LAW JUN MING PENCELAH DICADANGKAN 1. ) Ong Hoo Kip 2. ) Anthony Wong Chee Hoong

KATHLEEN WONG CHUIN LING JUSTIN LAW JUN MING PENCELAH DICADANGKAN 1. ) Ong Hoo Kip 2. ) Anthony Wong Chee Hoong

The application to intervene was dismissed because it was made after the custody order granting full care and control to the surviving father had been finalised, the proposed interveners failed to show a direct legal interest that would be directly affected by reopening a concluded proceeding, and the application was untimely such that the court was functus officio; access and other remedies remain open under relevant statutes but do not justify intervention in a concluded OS.

Citation
WA-24F-1-01/2021 (Mahkamah Tinggi)
Parties
Applicant (deceased): Kathleen Wong Chuin Ling; Respondent Husband: Justin Law Jun Ming; Proposed Intervener (maternal Grandfather): Anthony Wong Chee Hoong; Proposed Intervener (maternal Grandfather): Ong Hoo Kip
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 November 2023
Case Number
WA-24F-1-01/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (custody, Care and Control Under Marriage and Divorce Act 1976) / Interlocutory Application for Leave to Intervene (enclosure 112) Dismissed After Hearing; Appeal From Dismissal Noted
Outcome
Enclosure 112 (application for leave to intervene) dismissed
Legal Topics
Child Custody and Access, Intervention / Joinder, Guardianship, Locus Standi, Functus Officio
Source Language
Malay/English
Family Law Probate and Administration Civil Procedure Child Custody and Access Intervention / Joinder Guardianship Locus Standi Functus Officio

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Parties

Kathleen Wong Chuin Ling

Applicant (deceased)

Justin Law Jun Ming

Respondent Husband

Anthony Wong Chee Hoong

Proposed Intervener (maternal Grandfather)

Ong Hoo Kip

Proposed Intervener (maternal Grandfather)

Procedural Posture

Originating Summons (custody, Care and Control Under Marriage and Divorce Act 1976) / Interlocutory Application for Leave to Intervene (enclosure 112) Dismissed After Hearing; Appeal From Dismissal Noted

Legal Issues

  1. 1 Whether proposed interveners (maternal grandparents) have a direct legal interest sufficient to intervene under O.15 r.6 RC 2012
  2. 2 Whether an application to intervene made after custody order is finalised is timely or prevented by functus officio
  3. 3 Whether the surviving parent is the proper guardian on the death of the other parent under Guardianship of Infants Act 1961 s6(1)

Ratio Decidendi

The application to intervene was dismissed because it was made after the custody order granting full care and control to the surviving father had been finalised, the proposed interveners failed to show a direct legal interest that would be directly affected by reopening a concluded proceeding, and the application was untimely such that the court was functus officio; access and other remedies remain open under relevant statutes but do not justify intervention in a concluded OS.

Court Disposition

Enclosure 112 (application for leave to intervene) dismissed

Orders

  • Enclosure 112 dismissed with costs of RM3,000.00 to be paid to the Respondent Husband within 14 days from date of order