1. ) TAN YAN SHIN 2. ) JEFFREY MAH WENG KAI INTERCONTINENTAL MUSHROOM FARMING SDN BHD PIHAK YANG MENUNTUT Natural Mushroom Sdn Bhd

1. ) TAN YAN SHIN 2. ) JEFFREY MAH WENG KAI INTERCONTINENTAL MUSHROOM FARMING SDN BHD PIHAK YANG MENUNTUT Natural Mushroom Sdn Bhd

The interpleader must be confined to determining ownership of the seized goods; the EC failed to particularise allegations of fraud or to adducesufficient evidence to rebut the Claimant's documentary and possession evidence. No triable issue was established that would justify converting the interpleader into a full trial. On the balance of probabilities the Claimant proved ownership; accordingly the interpleader is to be disposed summarily in favour of the Claimant and EC's summons for directions (encl.52) is dismissed.

Citation
BD-56WSL-8-04/2025 (Mahkamah Sesyen)
Parties
Execution Creditor: Tan Yan Shin; Execution Creditor: Jeffrey Mah Weng Kai; Execution Debtor: Intercontinental Mushroom Farming Sdn Bhd; Claimant: Natural Mushroom Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 October 2025
Case Number
BD-56WSL-8-04/2025 (Mahkamah Sesyen)
Procedural Posture
Execution Proceedings With Interpleader Dispute / Grounds of Judgment on Summons for Directions and Interpleader (decision)
Outcome
Interpleader (encl.51) allowed; Summons for Directions (encl.52) dismissed; seized goods released to Claimant; writ of seizure and sale struck out and auction vacated; execution deposit returned to Execution Creditor subject to bailiff costs; costs awarded to Claimant.
Legal Topics
Interpleader (order 17), Writ of Seizure and Sale, Conversion to Trial, Burden of Proof, Phoenix Company Allegation, Particulars of Fraud, Jurisdictional Limits of Interpleader
Source Language
Malay/English
Civil Procedure Execution of Judgments Company Law Property Law Injunctions/stay Interpleader (order 17) Writ of Seizure and Sale Conversion to Trial +4 more

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Parties

Tan Yan Shin

Execution Creditor

Jeffrey Mah Weng Kai

Execution Creditor

Intercontinental Mushroom Farming Sdn Bhd

Execution Debtor

Natural Mushroom Sdn Bhd

Claimant

Procedural Posture

Execution Proceedings With Interpleader Dispute / Grounds of Judgment on Summons for Directions and Interpleader (decision)

Legal Issues

  1. 1 Whether interpleader proceedings should be converted into a full trial to determine alleged phoenix company/fraud issues
  2. 2 Whether the Claimant is the lawful owner of the goods seized from the premises
  3. 3 Whether the Court has jurisdiction under O.17 to determine matters beyond ownership of seized goods

Ratio Decidendi

The interpleader must be confined to determining ownership of the seized goods; the EC failed to particularise allegations of fraud or to adducesufficient evidence to rebut the Claimant's documentary and possession evidence. No triable issue was established that would justify converting the interpleader into a full trial. On the balance of probabilities the Claimant proved ownership; accordingly the interpleader is to be disposed summarily in favour of the Claimant and EC's summons for directions (encl.52) is dismissed.

Court Disposition

Interpleader (encl.51) allowed; Summons for Directions (encl.52) dismissed; seized goods released to Claimant; writ of seizure and sale struck out and auction vacated; execution deposit returned to Execution Creditor subject to bailiff costs; costs awarded to Claimant.

Orders

  • Encl.52 (Summons for Directions) dismissed with costs of MYR2000 to Claimant
  • Encl.51 (Notice of Interpleader) allowed; goods seized from No.8 Jalan Industri BRJ 2, Taman Industri Bukit Rawang Jaya 2, Rawang released and returned to Natural Mushroom Sdn Bhd