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

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

The proposed intervener's applications were dismissed because it failed to establish locus standi or any proprietary interest in the goods; the applicant proved ownership by documentary evidence and obtained a valid ex parte mandatory injunction; the intervener's dispute is a separate personal debt claim against Iscorp and Rosmadi and does not confer rights over the applicant's goods, therefore leave to intervene and the setting aside of the injunction were refused and costs awarded to the applicant.

Citation
DI-A54-4-03/2025 (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-A54-4-03/2025 (Mahkamah Sesyen)
Procedural Posture
Guaman Sivil (interlokutori) / Interlocutory Motion Decision (application to Intervene)
Outcome
Application by proposed intervener dismissed
Legal Topics
Locus Standi, Mandatory Injunction, Setting Aside Ex Parte Orders, Costs, Forum Conveniens
Source Language
Malay/English
Civil Procedure Property Law Injunctions Intervention Possession Locus Standi Mandatory Injunction Setting Aside Ex Parte Orders +2 more

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SMART TECH INNOVATIVE SDN BHD

Pemohon

ANCALA MEGAH SDN. BHD.

Pencelah Yang Dicadang

Procedural Posture

Guaman Sivil (interlokutori) / Interlocutory Motion Decision (application to Intervene)

Legal Issues

  1. 1 Whether proposed intervener has locus standi to intervene
  2. 2 Whether applicant proved ownership of the goods
  3. 3 Whether the ex parte mandatory injunction should be set aside

Ratio Decidendi

The proposed intervener's applications were dismissed because it failed to establish locus standi or any proprietary interest in the goods; the applicant proved ownership by documentary evidence and obtained a valid ex parte mandatory injunction; the intervener's dispute is a separate personal debt claim against Iscorp and Rosmadi and does not confer rights over the applicant's goods, therefore leave to intervene and the setting aside of the injunction were refused and costs awarded to the applicant.

Court Disposition

Application by proposed intervener dismissed

Orders

  • Applications by Ancala Megah Sdn Bhd to intervene in matters DI-A54-1-03/2025 to DI-A54-6-03/2025 are dismissed
  • Global costs of RM3000 awarded to applicant (Smart Tech Innovative Sdn Bhd) payable by the proposed intervener (@ RM500 per application)