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

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

The proposed intervener lacked locus standi and failed to adduce any evidence showing proprietary title or lawful possession of the goods; the dispute alleged was a personal debt between third parties (Iscorp and the intervener) and did not extinguish the applicant's demonstrated ownership; the premises were not shown to be occupied by the intervener; accordingly the application to intervene and to set aside the ex parte mandatory injunction is dismissed with costs.

Citation
DI-A54-2-03/2025 (Mahkamah Sesyen)
Parties
Applicant: SMART TECH INNOVATIVE SDN BHD; Proposed Intervener: ANCALA MEGAH SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 September 2025
Case Number
DI-A54-2-03/2025 (Mahkamah Sesyen)
Procedural Posture
Interlocutory Application Intervention to Set Aside Ex Parte Mandatory Injunction / Decision at Sessions Court Gua Musang; Appeal Filed to High Court
Outcome
Application by Ancala Megah Sdn. Bhd. to intervene dismissed
Legal Topics
Intervention (joinder), Mandatory Injunction, Locus Standi, Costs, Possession/ownership Evidence, Forum Conveniens
Source Language
Malay/English
Civil Procedure Property Injunction Intervention Locus Standi Intervention (joinder) Mandatory Injunction Costs +2 more

Case Brief

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Parties

SMART TECH INNOVATIVE SDN BHD

Applicant

ANCALA MEGAH SDN. BHD.

Proposed Intervener

Procedural Posture

Interlocutory Application Intervention to Set Aside Ex Parte Mandatory Injunction / Decision at Sessions Court Gua Musang; Appeal Filed to High Court

Legal Issues

  1. 1 Whether proposed intervener has locus standi to intervene
  2. 2 Whether proposed intervener has title or proprietary interest in the goods
  3. 3 Whether ex parte mandatory injunction should be set aside

Ratio Decidendi

The proposed intervener lacked locus standi and failed to adduce any evidence showing proprietary title or lawful possession of the goods; the dispute alleged was a personal debt between third parties (Iscorp and the intervener) and did not extinguish the applicant's demonstrated ownership; the premises were not shown to be occupied by the intervener; accordingly the application to intervene and to set aside the ex parte mandatory injunction is dismissed with costs.

Court Disposition

Application by Ancala Megah Sdn. Bhd. to intervene dismissed

Orders

  • Application by Ancala Megah Sdn. Bhd. to intervene dismissed.
  • Costs of RM3000 awarded to Smart Tech Innovative Sdn. Bhd. (global; RM500 per related application).