TAN EE POH (NO. KP : 751011-01-6276 HARTA PUSAKA TAN AH LIAW (NO. KP : 810911-01-5583) PENCELAH LEE WOON FUNG (NO KP : 831029-08-5480)

TAN EE POH (NO. KP : 751011-01-6276 HARTA PUSAKA TAN AH LIAW (NO. KP : 810911-01-5583) PENCELAH LEE WOON FUNG (NO KP : 831029-08-5480)

The application to intervene was allowed because the intervener, as the deceased's widow and prospective administrator, has a direct interest in the disputed bank funds and the estate; intervention is necessary to determine issues that affect distribution under the Distribution Act 1958 and to prevent injustice, and permitting intervention at the early stage will not prejudice the plaintiff, consistent with Order 15 r6/r6A and relevant authorities.

Citation
WA-22NCVC-679-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Tan Ee Poh; Defendant (estate of Deceased): Harta Pusaka Tan Ah Lia; Intervener/applicant (widow): Lee Woon Fung
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 June 2021
Case Number
WA-22NCVC-679-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Estate Administration and Intervention / Interlocutory Application to Intervene Allowed
Outcome
Intervener's application allowed; intervener added as party to the suit; costs in the cause.
Legal Topics
Intervention/joinder, Letters of Administration, Declaration of Beneficial Interest, Order 15 R6 KKM 2012
Source Language
Malay/English
Civil Procedure Probate and Administration Trusts and Equitable Remedies Intervention/joinder Letters of Administration Declaration of Beneficial Interest Order 15 R6 KKM 2012

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Parties

Tan Ee Poh

Plaintiff

Harta Pusaka Tan Ah Lia

Defendant (estate of Deceased)

Lee Woon Fung

Intervener/applicant (widow)

Procedural Posture

Civil Estate Administration and Intervention / Interlocutory Application to Intervene Allowed

Legal Issues

  1. 1 Whether the widow/intervener has locus to be added as a party to the suit over funds in the deceased's account
  2. 2 Whether intervention would prejudice the plaintiff at the interlocutory stage
  3. 3 Whether the dispute engages distribution of the estate under the Distribution Act 1958 and thus requires the heir's participation

Ratio Decidendi

The application to intervene was allowed because the intervener, as the deceased's widow and prospective administrator, has a direct interest in the disputed bank funds and the estate; intervention is necessary to determine issues that affect distribution under the Distribution Act 1958 and to prevent injustice, and permitting intervention at the early stage will not prejudice the plaintiff, consistent with Order 15 r6/r6A and relevant authorities.

Court Disposition

Intervener's application allowed; intervener added as party to the suit; costs in the cause.

Orders

  • Application by the intervener (Lee Woon Fung) to be added as a party is allowed
  • Intervener to be added as a party to the proceedings