Malaysia Case Law: Decisions & Judgments

Topic

Intervention / joinder

Legal area

Court

30 Sept 2025

THE SEA CAPITAL LP TETUAN JULIUS LEONIE CHAI PENCELAH CHEE CHEN HAO

Citation

BA-24NCC-78-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-78-07/2025 (Mahkamah Tinggi)

The proposed intervener does not possess a direct legal interest in the subject matter of this suit because he is not a party to the Escrow Agreement and his claimed interest arises from separate proceedings; therefore he fails the threshold under Aturan 15 kaedah 6(2)(b) and the application to intervene is dismissed.
29 Jul 2025

MOHD. NAZRUL BIN MOHD. BASRI PENCELAH FARAHZATULL BINTI ABDUL RAHMAN

Citation

BA-24NCvC-1461-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1461-07/2024 (Mahkamah Tinggi)

The court allowed the proposed intervener to be added because she has a direct legal interest that would be affected, and set aside the ex‑parte order dated 21.8.2024 because the applicant failed to disclose material competing facts (existence of other heirs and ongoing disputes), thereby amounting to misuse of the court process; the substantive originating summons is remitted for rehearing.
24 Jul 2025

Queck Han Tiong 1. ) Chia Chin Koon 2. ) Neo Ching Hoe PENCELAH NEO CHING YUEN

Citation

WA-22NCC-646-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-646-09/2024 (Mahkamah Tinggi)

NCY had already disposed of the shares and received full consideration and therefore had no legal or beneficial interest; because his interests would not be affected by the outcome, his joinder was unnecessary and the intervention application was dismissed with costs.
5 Dec 2024

VIMALA A/P MARUTHAMUTHOO PAUL MONASH A/L NARAYANASAMY PENCELAH KAVITAH A/P VATHUMALAI

Citation

BA-24NCvC-1077-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1077-05/2024 (Mahkamah Tinggi)

The proposed intervener failed to show a direct legal or proprietary interest in the property; her claims were at best pecuniary and inconsistent; under Order 15 r.6(2)(b) intervention is not justified where only monetary interest exists, therefore leave to intervene is refused and the application dismissed with costs of RM5,000.00.
29 Nov 2023

KATHLEEN WONG CHUIN LING JUSTIN LAW JUN MING PENCELAH DICADANGKAN 1. ) Ong Hoo Kip 2. ) Anthony Wong Chee Hoong

Citation

WA-24F-1-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-1-01/2021 (Mahkamah Tinggi)

The application to intervene was dismissed because it was made after the custody order granting full care and control to the surviving father had been finalised, the proposed interveners failed to show a direct legal interest that would be directly affected by reopening a concluded proceeding, and the application was untimely such that the court was functus officio; access and other remedies remain open under relevant statutes but do not justify intervention in a concluded OS.

Malaysia Case Law

THE SEA CAPITAL LP TETUAN JULIUS LEONIE CHAI PENCELAH CHEE CHEN HAO

MOHD. NAZRUL BIN MOHD. BASRI PENCELAH FARAHZATULL BINTI ABDUL RAHMAN

Queck Han Tiong 1. ) Chia Chin Koon 2. ) Neo Ching Hoe PENCELAH NEO CHING YUEN

VIMALA A/P MARUTHAMUTHOO PAUL MONASH A/L NARAYANASAMY PENCELAH KAVITAH A/P VATHUMALAI

KATHLEEN WONG CHUIN LING JUSTIN LAW JUN MING PENCELAH DICADANGKAN 1. ) Ong Hoo Kip 2. ) Anthony Wong Chee Hoong