PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

Application to intervene dismissed because the proposed intervener holds only an equitable/beneficial interest in trust monies and therefore lacks the legal interest required under Order 15 r6(2) ROC; the RHB-appointed trustee holds the legal interest and is the proper party to receive and enforce the Court of Appeal order, so the intervener's presence is not necessary to effectually and completely determine the bankruptcy action.

Citation
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Parties
Judgment Creditors: Saling bin Lau Bee Chiang & 25 others; Judgment Debtor: Dinesh Kanavaji a/l Kanawagi; Proposed Intervener: Aman bin Jantan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2022
Case Number
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Application for Leave to Intervene (order 15 Rule 6 Roc)
Outcome
Application to intervene dismissed with costs subject to allocatur
Legal Topics
Intervention/joinder, Beneficiary Vs Legal Interest, Trustee Duties and Fiduciary Obligations, Order 15 Rule 6 ROC, Insolvency Act 1967
Source Language
Malay/English
Bankruptcy Trusts and Equity Civil Procedure Insolvency Law Intervention/joinder Beneficiary Vs Legal Interest Trustee Duties and Fiduciary Obligations Order 15 Rule 6 ROC +1 more

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Parties

Saling bin Lau Bee Chiang & 25 others

Judgment Creditors

Dinesh Kanavaji a/l Kanawagi

Judgment Debtor

Aman bin Jantan

Proposed Intervener

Procedural Posture

Bankruptcy / Application for Leave to Intervene (order 15 Rule 6 Roc)

Legal Issues

  1. 1 Whether proposed intervener has requisite legal interest to be added as party under Order 15 rule 6(2) ROC
  2. 2 Whether presence of proposed intervener is necessary to effectually and completely determine the bankruptcy action

Ratio Decidendi

Application to intervene dismissed because the proposed intervener holds only an equitable/beneficial interest in trust monies and therefore lacks the legal interest required under Order 15 r6(2) ROC; the RHB-appointed trustee holds the legal interest and is the proper party to receive and enforce the Court of Appeal order, so the intervener's presence is not necessary to effectually and completely determine the bankruptcy action.

Court Disposition

Application to intervene dismissed with costs subject to allocatur

Orders

  • Application in Encl.12 dismissed with costs subject to allocatur
  • Leave to intervene refused