Malaysia Case Law: Decisions & Judgments

Topic

Intervention/joinder

Legal area

Court

11 Nov 2025

SUSMA A/P BATUK @ SURESH CHANDRA ENVI SKYVIEW SDN BHD PENCELAH MOHD ROBIEI WONG BIN ABDULLAH

Citation

WA-24NCC-271-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-271-05/2025 (Mahkamah Tinggi)

The court dismissed the intervention application because the proposed intervener failed to demonstrate that his legal rights or liabilities would be directly and presently affected by the determination of the leave application or that exceptional circumstances exist; the leave stage is confined to assessing good faith and prima facie company interest and should not be converted into a merits trial; therefore joinder is not necessary or justified.
28 Aug 2025

SITI MARIAM BTE ABU BAKAR PENCELAH SITI ZUBAIDAH BINTI ABU BAKAR @ SUZIE ZUBAIDAH O NEILL

Citation

JA-31NCvC-494-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-31NCvC-494-04/2025 (Mahkamah Tinggi)

Permission to intervene was granted because the proposed intervener is prima facie a lawful heir whose legal rights in respect of the estate may be directly affected, there are contested issues as to the full list of assets and liabilities, and her participation is necessary to ensure a complete and effectual administration of the estate; the court considered necessity of joinder at interlocutory stage without deciding merits.
30 Jun 2025

T KANAGESWARI A/P V THIAGARAJAH 1. ) AZREEN BIN GHAZALI 2. ) KHAIRUN NISSA BINTI MOHD AZMAN

Citation

WA-A73KJ-2024-10/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-2024-10/2024 (Mahkamah Majistret)

The application to intervene was dismissed because the applicant's delay of over one year was unjustified given early notice of the incident, the applicant's asserted interest was contingent and speculative rather than sufficiently urgent, and allowing intervention would cause real prejudice and disruption to the scheduled proceedings; on balance the court exercised its discretion to refuse intervention.
19 Mar 2025

KEJENDRAN A/L NADARAJAN KAVITAH A/P VATHUMALAI

Citation

BA-24NCvC-735-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-735-04/2024 (Mahkamah Tinggi)

Enclosure 7 was dismissed because the Proposed Intervener failed to demonstrate a sufficient legal/caveatable interest to justify intervention under Order 15 r 6(2)(b); the Defendant (caveator) is capable of opposing the removal and the Proposed Intervener's interests had already been addressed in separate proceedings (Suit 1007).
24 Apr 2024

PROBET PETISYEN NO. 23 TAHUN 1975 (Mahkamah Tinggi)

Citation

PROBET PETISYEN NO. 23 TAHUN 1975 (Mahkamah Tinggi)
Court

High Court
Case number

PROBET PETISYEN NO. 23 TAHUN 1975 (Mahkamah Tinggi)

The court refused the application to intervene because the applicant failed to show common questions of law or fact with the existing proceeding, failed to produce evidence of mala fides in the ex parte replacement application, and failed to prove that the replacement executor's age or capacity would prejudice the applicant's beneficiary rights; intervention is discretionary and not warranted on the evidence.
14 Sept 2022

1. ) FAHMI AIMAN BIN MD. HASRONI 2. ) FAZRUL AZRI BIN MD. HASRONI 3. ) XXXX 4. ) NORHAIZAN BINTI OMAR ISMAIL BIN SALLEH

Citation

JA-A53KJ-48-01/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-48-01/2021 (Mahkamah Sesyen)

Application to intervene was dismissed because the Notice of Application and supporting affidavit failed to specify the legal provision relied upon, rendering the application fundamentally defective, and because the applicant unreasonably delayed seeking intervention without satisfactory explanation; exercise of discretion refused despite applicant having a legal/pecuniary interest.
10 Aug 2022

PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

Citation

WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-306-03/2022 (Mahkamah Tinggi)

Application to intervene dismissed because the proposed intervener holds only an equitable/beneficial interest in trust monies and therefore lacks the legal interest required under Order 15 r6(2) ROC; the RHB-appointed trustee holds the legal interest and is the proper party to receive and enforce the Court of Appeal order, so the intervener's presence is not necessary to effectually and completely determine the bankruptcy action.
7 Jun 2022

Harta Pusaka Tan Kim Choo @ Tan Kim Choon (Bertindak melalui Pentadbir Pendente Lite. Lim Tian Hiat dilantik melalui Perintah Mahkamah bertarikh 7.12.2018) PIHAK KETIGA TAN BOON THIEN

Citation

WA-24NCvC-1299-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1299-07/2021 (Mahkamah Tinggi)

The application to add Tan Boon Thien as a party is granted because he has a demonstrable interest as managing director and shareholder, the Rules permit adding necessary parties at any stage, an ex‑parte order is not final and does not bar intervention, and joinder is necessary to ensure all matters in dispute can be effectively and completely adjudicated; costs to follow subject to taxation.
31 Jan 2022

LUGENDRAN A/L SELVARAJA SARAN A/L BATHUMALAI PENCELAH ETIQA GENERAL TAKAFUL BERHAD

Citation

BK-A53KJ-126-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A53KJ-126-06/2021 (Mahkamah Sesyen)

The court held that the plaintiff's affidavit deposed by its solicitor was inadmissible because it contained contentious facts and should have been sworn by the plaintiff; the applicant (insurer) demonstrated a timely bona fide prima facie case and, given its statutory exposure under s.96 RTA and the aim to avoid multiplicity and injustice, was entitled to intervene and be added as the second defendant under O.15 r.6 ROC 2012.
26 Oct 2021

1. ) KOH SIEW (NRIC No.: 380305-10-5100) 2. ) KOH SWEE OH (NRIC No.: 480213-10-5080) 3. ) KOH SOO KIM (NRIC NO.: 510715-10-6256) 1. ) GOVERNMENT OF MALAYSIA 2. ) DIRECTOR GENERAL OF LANDS AND MINES FEDERAL TERRITORY KUALA LUMPUR 3. ) LAND A

Citation

WA-25-135-04-2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-135-04-2021 (Mahkamah Tinggi)

The Proposed Intervener failed to demonstrate a direct interest or to be a 'proper person' under O.53 r.8 ROC; commercial/paymaster status and service of Form E/G do not, by themselves, confer standing to intervene in an application for judicial review challenging the State Authority's decision under s3E of the Land Acquisition Act 1960; therefore Enclosure 15 was dismissed with costs.