Harta Pusaka Tan Kim Choo @ Tan Kim Choon (Bertindak melalui Pentadbir Pendente Lite. Lim Tian Hiat dilantik melalui Perintah Mahkamah bertarikh 7.12.2018) PIHAK KETIGA TAN BOON THIEN

Harta Pusaka Tan Kim Choo @ Tan Kim Choon (Bertindak melalui Pentadbir Pendente Lite. Lim Tian Hiat dilantik melalui Perintah Mahkamah bertarikh 7.12.2018) PIHAK KETIGA TAN BOON THIEN

The application to add Tan Boon Thien as a party is granted because he has a demonstrable interest as managing director and shareholder, the Rules permit adding necessary parties at any stage, an ex‑parte order is not final and does not bar intervention, and joinder is necessary to ensure all matters in dispute can be effectively and completely adjudicated; costs to follow subject to taxation.

Citation
WA-24NCvC-1299-07/2021 (Mahkamah Tinggi)
Parties
Applicant/pemohon: HARTA PUSAKA TAN KIM CHOO @ TAN KIM CHOON (Bertindak melalui Pentadbir Pendente Lite Lim Tian Huat); Proposed Intervener/pencelah Yang Dicadangkan: TAN BOON THIEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 June 2022
Case Number
WA-24NCvC-1299-07/2021 (Mahkamah Tinggi)
Procedural Posture
Company Law Application Under Companies Act 2016 (ss.347 348) / Interlocutory — Application to Be Added as Party (intervener) After Ex‑parte Order
Outcome
Application (Lampiran 8) allowed; Tan Boon Thien to be added as a defendant/intervener; costs awarded subject to taxation.
Legal Topics
Intervention/joinder, Ex‑parte Orders Set‑aside, Notice Under S.347 Companies Act 2016, Leave to Sue on Behalf of Company
Source Language
Malay/English
Company Law Civil Procedure Probate/estate Administration Intervention/joinder Ex‑parte Orders Set‑aside Notice Under S.347 Companies Act 2016 Leave to Sue on Behalf of Company

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

HARTA PUSAKA TAN KIM CHOO @ TAN KIM CHOON (Bertindak melalui Pentadbir Pendente Lite Lim Tian Huat)

Applicant/pemohon

TAN BOON THIEN

Proposed Intervener/pencelah Yang Dicadangkan

Procedural Posture

Company Law Application Under Companies Act 2016 (ss.347 348) / Interlocutory — Application to Be Added as Party (intervener) After Ex‑parte Order

Legal Issues

  1. 1 Whether Tan Boon Thien should be added as a party/intervener
  2. 2 Whether an application to intervene can be filed after an ex‑parte order
  3. 3 Whether the 30‑day notice requirement under s.347 Companies Act 2016 was complied with and its effect

Ratio Decidendi

The application to add Tan Boon Thien as a party is granted because he has a demonstrable interest as managing director and shareholder, the Rules permit adding necessary parties at any stage, an ex‑parte order is not final and does not bar intervention, and joinder is necessary to ensure all matters in dispute can be effectively and completely adjudicated; costs to follow subject to taxation.

Court Disposition

Application (Lampiran 8) allowed; Tan Boon Thien to be added as a defendant/intervener; costs awarded subject to taxation.

Orders

  • Tan Boon Thien is permitted to be added as a defendant/intervener to the originating suit.
  • Tan Boon Thien in his capacity as defendant is permitted to file cause papers and/or affidavits as directed by the Court.