SMART TECH INNOVATIVE SDN BHD PENCELAH ANCALA MEGAH SDN. BHD.

SMART TECH INNOVATIVE SDN BHD PENCELAH ANCALA MEGAH SDN. BHD.

The proposed intervener lacked locus standi because it produced no evidence of ownership, tenancy or proprietary interest in the goods which the applicant proved by documentary evidence; intervention was therefore properly dismissed and costs awarded to the applicant (global RM3000).

Citation
DI-A54-6-03/2025 (Mahkamah Sesyen)
Parties
Pemohon: Smart Tech Innovative Sdn Bhd; Pencelah Yang Dicadang: Ancala Megah Sdn. Bhd.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 September 2025
Case Number
DI-A54-6-03/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Interlocutory / Interlocutory Decision (appeal Filed to High Court)
Outcome
Interlocutory application by Ancala Megah Sdn. Bhd. dismissed for lack of locus standi; costs awarded to applicant; appeal filed to High Court pending.
Legal Topics
Interlocutory Injunction, Mandatory Injunction, Locus Standi, Costs, Third Party Intervention, Ownership Dispute
Source Language
Malay/English
Civil Procedure Property Law Injunctions Possession Disputes Interlocutory Injunction Mandatory Injunction Locus Standi Costs +2 more

Case Brief

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Parties

Smart Tech Innovative Sdn Bhd

Pemohon

Ancala Megah Sdn. Bhd.

Pencelah Yang Dicadang

Procedural Posture

Civil Interlocutory / Interlocutory Decision (appeal Filed to High Court)

Legal Issues

  1. 1 Whether the proposed intervener (Ancala Megah) has locus standi to challenge the ex parte mandatory injunction
  2. 2 Whether the goods seized belong to the applicant (Smart Tech) or to the intervener/third parties
  3. 3 Whether leave to intervene and to file affidavits should be granted

Ratio Decidendi

The proposed intervener lacked locus standi because it produced no evidence of ownership, tenancy or proprietary interest in the goods which the applicant proved by documentary evidence; intervention was therefore properly dismissed and costs awarded to the applicant (global RM3000).

Court Disposition

Interlocutory application by Ancala Megah Sdn. Bhd. dismissed for lack of locus standi; costs awarded to applicant; appeal filed to High Court pending.

Orders

  • The applications by Ancala Megah Sdn. Bhd. in DI-A54-1-03/2025 to DI-A54-6-03/2025 are dismissed.
  • Global costs of RM3000 awarded to Smart Tech Innovative Sdn Bhd (RM500 per application).