SITI MARIAM BTE ABU BAKAR PENCELAH SITI ZUBAIDAH BINTI ABU BAKAR @ SUZIE ZUBAIDAH O NEILL

SITI MARIAM BTE ABU BAKAR PENCELAH SITI ZUBAIDAH BINTI ABU BAKAR @ SUZIE ZUBAIDAH O NEILL

Permission to intervene was granted because the proposed intervener is prima facie a lawful heir whose legal rights in respect of the estate may be directly affected, there are contested issues as to the full list of assets and liabilities, and her participation is necessary to ensure a complete and effectual administration of the estate; the court considered necessity of joinder at interlocutory stage without deciding merits.

Citation
JA-31NCvC-494-04/2025 (Mahkamah Tinggi)
Parties
Pemohon: Siti Mariam bte Abu Bakar; Pencelah (dicadangkan): Siti Zubaidah binti Abu Bakar @ Suzie Zubaidah O'Neill
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2025
Case Number
JA-31NCvC-494-04/2025 (Mahkamah Tinggi)
Procedural Posture
Probate and Estate Administration (application for Appointment of Administrator) / Interlocutory Application to Be Added as Party (application Under Order 15 Rule 6(2)(b) KKM 2012); Decision on Intervention Application
Outcome
Application to intervene allowed; proposed intervener ordered to be added as a party; application for appointment as joint administrator to be heard together with main proceeding; costs to be paid from the estate of the deceased.
Legal Topics
Intervention/joinder, Appointment of Administrators, Estate Asset Disclosure, Conflict of Interest
Source Language
Malay/English
Probate and Administration Civil Procedure Intervention/joinder Appointment of Administrators Estate Asset Disclosure Conflict of Interest

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Parties

Siti Mariam bte Abu Bakar

Pemohon

Siti Zubaidah binti Abu Bakar @ Suzie Zubaidah O'Neill

Pencelah (dicadangkan)

Procedural Posture

Probate and Estate Administration (application for Appointment of Administrator) / Interlocutory Application to Be Added as Party (application Under Order 15 Rule 6(2)(b) KKM 2012); Decision on Intervention Application

Legal Issues

  1. 1 Whether permission to intervene under Order 15 Rule 6(2)(b) Kaedah‑Kaedah Mahkamah 2012 should be granted
  2. 2 Whether the proposed intervener's legal rights as an heir would be directly affected by orders in the main proceedings
  3. 3 Whether the presence of the proposed intervener is necessary to ensure complete determination of matters in dispute (including disputed assets)

Ratio Decidendi

Permission to intervene was granted because the proposed intervener is prima facie a lawful heir whose legal rights in respect of the estate may be directly affected, there are contested issues as to the full list of assets and liabilities, and her participation is necessary to ensure a complete and effectual administration of the estate; the court considered necessity of joinder at interlocutory stage without deciding merits.

Court Disposition

Application to intervene allowed; proposed intervener ordered to be added as a party; application for appointment as joint administrator to be heard together with main proceeding; costs to be paid from the estate of the deceased.

Orders

  • Permission granted for the proposed intervener (Kandungan 15 perenggan (a)) to be added as a party; cause papers to be amended accordingly.
  • Application in Kandungan 15 perenggan (b) for appointment as joint administrator to be heard together with Kandungan 1.