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

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

The application by the proposed intervener was dismissed because the proposed intervener failed to prove any proprietary interest or title in the goods or lawful occupation of the premises, lacked locus standi to challenge or intervene in the ex parte injunction obtained by the applicant, and the disputed matter between the proposed intervener and third parties (Inscorp/Rosmadi) concerned personal debt unrelated to the applicant; consequently the application to intervene was refused and costs were awarded to the applicant.

Citation
DI-A54-1-03/2025 (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-A54-1-03/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Interlocutory Application Concerning Ex Parte Mandatory Injunction and Application to Intervene / Decision on Application to Intervene at Sessions Court (judgment Given); Appeal Filed to High Court
Outcome
Application by proposed intervener dismissed for lack of locus standi and failure to establish proprietary interest; costs awarded to applicant.
Legal Topics
Locus Standi, Intervention, Mandatory Injunction, Ownership of Goods, Costs
Source Language
Malay/English
Civil Procedure Property Interim Relief Equity Locus Standi Intervention Mandatory Injunction Ownership of Goods +1 more

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Parties

SMART TECH INNOVATIVE SDN BHD

Applicant

ANCALA MEGAH SDN. BHD.

Proposed Intervener

Procedural Posture

Civil Interlocutory Application Concerning Ex Parte Mandatory Injunction and Application to Intervene / Decision on Application to Intervene at Sessions Court (judgment Given); Appeal Filed to High Court

Legal Issues

  1. 1 Whether the proposed intervener has locus standi to apply to set aside the ex parte injunction or to intervene
  2. 2 Whether the proposed intervener has any proprietary interest or title in the goods claimed by the applicant
  3. 3 Whether the proposed intervener is lawful owner or lawful occupier/lessee of the premises where the goods are stored

Ratio Decidendi

The application by the proposed intervener was dismissed because the proposed intervener failed to prove any proprietary interest or title in the goods or lawful occupation of the premises, lacked locus standi to challenge or intervene in the ex parte injunction obtained by the applicant, and the disputed matter between the proposed intervener and third parties (Inscorp/Rosmadi) concerned personal debt unrelated to the applicant; consequently the application to intervene was refused and costs were awarded to the applicant.

Court Disposition

Application by proposed intervener dismissed for lack of locus standi and failure to establish proprietary interest; costs awarded to applicant.

Orders

  • The application of Ancala Megah Sdn. Bhd. to intervene (DI-A54-1-03/2025 through DI-A54-6-03/2025 heard together) is dismissed.
  • Costs of RM 3000 awarded to the applicant Smart Tech Innovative Sdn Bhd as a global sum (@ RM 500 for each related application).