JUDGMENT

Su Tiang Joo JC:

Introduction

[1] The Court had earlier on 8 June 2021 allowed Public Bank Bhd's ("Public Bank") application (Encl 10 prayers i and ii) to intervene in these proceedings commenced on 18 March 2016 and be added as the Third Defendant to this action with costs in the cause.

[2] The other part of Public Bank's application (Encl 10 prayer iii) to 40 have the Order of this Court made on 8 August 2016 set aside ("Setting Aside Application") was deferred for hearing on 16 July 2021 and later adjourned to 26 July 2021 on which date, this Court dismissed Public Bank's Setting Aside Application. Dissatisfied, by notice dated 24 August 2021, Public Bank appeals to the Court of Appeal and these are the grounds of judgment.

[3] The underlying dispute is whether it is the Plaintiffs, Chong Sing Leng ("Chong") and Mun Choi Peng (f) ("Mun") (and collectively referred to as "Chong and Mun") or Public Bank that has a right to a unit of property known as Unit No 19-4, Parkview Apartment, Persiaran Camelia, 39000 Tanah Rata, Cameron Highlands, Pahang (hereinafter referred to "No 19-4 Parkview Apartment" or "the said Property" as the case may be).

Background Facts

[4] On 8 August 2016