Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 15 rule 6(2)(b) roc

Legal area

Court

5 Oct 2022

Ridhwan Hadibb bin Mohmad Haris 1. ) AXA AFFIN GENERAL INSURANCE BERHAD 2. ) Herry Kurniawan 3. ) Plastech Manufacturing Sdn Bhd

Citation

BA-12A-35-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12A-35-04/2022 (Mahkamah Tinggi)

The sessions court judge did not err in allowing the insurer to intervene and be joined as co-defendant because the insurer has a direct pecuniary interest and its allegations of malingering are closely connected to the plaintiff's entitlement and quantum of damages; intervention under O15 r6(2)(b) ROC was appropriate and the plaintiff is not unduly prejudiced, therefore the appeal is dismissed.
1 Jul 2021

1. CHUAH SEONG KEAT (NRIC NO. :- 650228-08-5835) 2. PAU KAA THIAM (NRIC NO.:- 640422-10-7509) 3. THUAN CHEW BOON (NRIC NO.:- 730623-06-5113) 4. LAI YIP POON (NRIC NO.:- 650409-08-5463) 1. DIN TAN YONG CHIA (NRIC NO.:- 930223-14-6551) 2. DIO

Citation

WA-24NCC-559-12/2020 (NO. 2) (Mahkamah Tinggi)
Court

NO. 2
Case number

WA-24NCC-559-12/2020 (NO. 2) (Mahkamah Tinggi)

The Proposed Interveners lack a legal interest directly related to the subject matter (they are minority shareholders of a subsidiary, not parties to the alleged oppressive acts in TOSB) and therefore failed the threshold under Order 15 Rule 6(2)(b) ROC; accordingly their application to intervene and for a buy-out of their shares is dismissed.