Red Sena Berhad (Dalam Likuidasi) PENCELAH Raintree F&B Sdn Bhd

Red Sena Berhad (Dalam Likuidasi) PENCELAH Raintree F&B Sdn Bhd

The Court held that the Staghorn principle applies: the Court is functus officio in relation to the 14.10.2019 Order; the proposed intervenor failed to establish a breach of natural justice or defective service sufficient to render the Order a nullity; thus leave to intervene to set aside or amend that concluded Order was not permissible and the proper remedy is a fresh action; the leave application is dismissed.

Citation
WA-28PW-626-11/2019 (Mahkamah Tinggi)
Parties
Applicant: Red Sena Berhad (In Liquidation); Proposed Intervenor: Raintree F&B Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2020
Case Number
WA-28PW-626-11/2019 (Mahkamah Tinggi)
Procedural Posture
Members' Voluntary Winding Up; Post Companies Winding Up Proceedings / Interlocutory Application to Intervene (leave to Intervene) — Dismissed
Outcome
Application for leave to intervene dismissed
Legal Topics
Intervention, Functus Officio, Service of Process, Natural Justice, Liquidation, SPAC and IPO Proceeds, Order 15 Rule 6
Source Language
Malay/English
Companies Law Civil Procedure Securities Regulation Intervention Functus Officio Service of Process Natural Justice Liquidation +2 more

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Parties

Red Sena Berhad (In Liquidation)

Applicant

Raintree F&B Sdn Bhd

Proposed Intervenor

Procedural Posture

Members' Voluntary Winding Up; Post Companies Winding Up Proceedings / Interlocutory Application to Intervene (leave to Intervene) — Dismissed

Legal Issues

  1. 1 Whether proposed intervenor may be granted leave to intervene after a concluded order
  2. 2 Whether the earlier order was obtained in breach of natural justice or without proper service
  3. 3 Whether the High Court is functus officio and thus unable to set aside its prior order

Ratio Decidendi

The Court held that the Staghorn principle applies: the Court is functus officio in relation to the 14.10.2019 Order; the proposed intervenor failed to establish a breach of natural justice or defective service sufficient to render the Order a nullity; thus leave to intervene to set aside or amend that concluded Order was not permissible and the proper remedy is a fresh action; the leave application is dismissed.

Court Disposition

Application for leave to intervene dismissed

Orders

  • Application in enclosure 1 for leave to intervene dismissed
  • Costs of RM5000 to the Defendant and RM5000 to the Securities Commission