Natalie Plus Sdn Bhd I Care Gloves Manufacture Sdn Bhd PENCELAH Asia Gate Sdn Bhd

Natalie Plus Sdn Bhd I Care Gloves Manufacture Sdn Bhd PENCELAH Asia Gate Sdn Bhd

The Deputy Registrar erred: Asia Gate demonstrated a direct legal interest in the seized assets protected by an extant Mareva injunction and intervention was necessary to prevent the execution from rendering its substantive suit nugatory; accordingly the appeal is allowed, the Deputy Registrar's refusal set aside, Asia Gate granted leave to intervene and execution proceedings stayed pending final disposal of BA-22NCC-153-12/2021; the judgment creditor must return specified net proceeds to court.

Citation
BA-37WS-12-04/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor (pemiutang Penghakiman): Natalie Plus Sdn Bhd; Judgment Debtor (penghutang Penghakiman): I Care Gloves Manufacture Sdn Bhd; Proposed Intervener (pencelah Yang Dicadangkan): Asia Gate Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2022
Case Number
BA-37WS-12-04/2022 (Mahkamah Tinggi)
Procedural Posture
Execution (writ of Seizure and Sale) / Appeal to Judge in Chambers From Deputy Registrar Decision
Outcome
Appeal allowed; Deputy Registrar's decision set aside; proposed intervener permitted to intervene; execution stayed; costs awarded.
Legal Topics
Intervener Application, Stay of Execution, Functus Officio, Abuse of Process, Sale of Seized Assets, Committal Proceedings
Source Language
Malay/English
Civil Procedure Execution of Judgments Injunctions (mareva) Intervention/joinder Intervener Application Stay of Execution Functus Officio Abuse of Process +2 more

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Parties

Natalie Plus Sdn Bhd

Judgment Creditor (pemiutang Penghakiman)

I Care Gloves Manufacture Sdn Bhd

Judgment Debtor (penghutang Penghakiman)

Asia Gate Sdn Bhd

Proposed Intervener (pencelah Yang Dicadangkan)

Procedural Posture

Execution (writ of Seizure and Sale) / Appeal to Judge in Chambers From Deputy Registrar Decision

Legal Issues

  1. 1 Whether the proposed intervener (Asia Gate) had a sufficient legal interest to be allowed to intervene in execution proceedings after seizure and sale
  2. 2 Whether the Deputy Registrar erred in refusing leave to intervene and to stay execution
  3. 3 Whether the writ sale and release of proceeds violated an existing Mareva (freezing) injunction and rendered the underlying suit nugatory

Ratio Decidendi

The Deputy Registrar erred: Asia Gate demonstrated a direct legal interest in the seized assets protected by an extant Mareva injunction and intervention was necessary to prevent the execution from rendering its substantive suit nugatory; accordingly the appeal is allowed, the Deputy Registrar's refusal set aside, Asia Gate granted leave to intervene and execution proceedings stayed pending final disposal of BA-22NCC-153-12/2021; the judgment creditor must return specified net proceeds to court.

Court Disposition

Appeal allowed; Deputy Registrar's decision set aside; proposed intervener permitted to intervene; execution stayed; costs awarded.

Orders

  • Deputy Registrar's decision dated 19-8-2022 is set aside in its entirety.
  • Permission granted to Asia Gate Sdn Bhd to intervene as an intervener in the execution proceedings BA-37WS-12-04/2022.