Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Proprietary/beneficial interest
  • 24 Mar 2025

    PEMPETISYEN L E N (F) 1. ) P E N 2. ) Y E N

    Citation
    WA-33-419-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-419-08/2023 (Mahkamah Tinggi)

    The Application to Intervene was allowed because the Proposed Intervener, as next friend, demonstrated a prima facie proprietary/pecuniary interest of the Child in the TR Property that would be directly affected by the matrimonial proceedings; the Respondent's failure to reply to the petition and his withdrawal from an agreed DNA test justified an adverse inference and supported intervention; under Rule 83 and Order 15 r6(2)(b)(ii) the court may add the Child's next friend to protect the Child's rights without deciding substantive trust issues at interlocutory stage.