MUHD NOOR BIN MUHD AMIN MARANON BIN MOHAMMED ALI

MUHD NOOR BIN MUHD AMIN MARANON BIN MOHAMMED ALI

The Plaintiff's Letter did not effect an assignment or transmission of the cause of action to Jazley; in the absence of administration the proper party to continue the action is the personal representative or the deceased's next-of-kin/beneficiaries; proposed substitution raised serious locus standi and awareness...

Source-derived case information.

Citation
WA-22IP-71-11/2020 (Mahkamah Tinggi)
Parties
Plaintiff (deceased): Muhd Noor bin Muhd Amin; Defendant: Maranon bin Mohammed Ali; Proposed Litigation Representative / Legal Guardian for Minor: Norazian binti Bistaman; Proposed Substituted Party (minor Beneficiary): Jazley Nazril bin Jazimin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 December 2022
Case Number
WA-22IP-71-11/2020 (Mahkamah Tinggi)
Procedural Posture
Copyright Infringement (commercial Division) / Application Under Order 15 Rule 7 to Add Party After Plaintiff's Death; Inter Partes Hearing on Enclosure 79; Application Dismissed
Outcome
Enclosure 79 dismissed with costs
Legal Topics
Copyright Infringement, Substitution of Party, Assignment/transmission of Interest, Locus Standi, Litigation Representative (order 76)
Intellectual Property Civil Procedure Probate and Administration Copyright Infringement Substitution of Party Assignment/transmission of Interest Locus Standi Litigation Representative (order 76)

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Summary, issues, holding and outcome

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Parties

Muhd Noor bin Muhd Amin

Plaintiff (deceased)

Maranon bin Mohammed Ali

Defendant

Norazian binti Bistaman

Proposed Litigation Representative / Legal Guardian for Minor

Jazley Nazril bin Jazimin

Proposed Substituted Party (minor Beneficiary)

Procedural Posture

Copyright Infringement (commercial Division) / Application Under Order 15 Rule 7 to Add Party After Plaintiff's Death; Inter Partes Hearing on Enclosure 79; Application Dismissed

Legal Issues

  1. 1 Whether the plaintiff's interests in the action were assigned or transmitted to the proposed beneficiary (Jazley)
  2. 2 Whether Norazian as litigation representative for Jazley should be made a party under Order 15 Rule 7(2) ROC and Order 76 Rule 2 ROC
  3. 3 Whether a personal representative or next-of-kin is the proper party to continue the action absent administration

Ratio Decidendi

The Plaintiff's Letter did not effect an assignment or transmission of the cause of action to Jazley; in the absence of administration the proper party to continue the action is the personal representative or the deceased's next-of-kin/beneficiaries; proposed substitution raised serious locus standi and awareness issues; therefore the application to add Jazley (through Norazian) as a party was dismissed.

Court Disposition

Enclosure 79 dismissed with costs

Orders

  • Enclosure 79 dismissed with costs