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2024 MarsdenLR 1613

HIGH COURT MALAYA KUALA LUMPUR
EXSIM SURIA SDN BHD – Appellant
Versus
SOUTHERN PERK SDN BHD – Respondent


Petitioner Advocates:U Sashiraj,Damien Kiehthan Anthony Jeyakumar,Alvin Tan,Ponnie Govindasamy,Chirstina Erin Ong ,Respondent Advocate: Mong Chung Seng,Ruben Choong Bi Qian

JUDGMENT

Roz Mawar Rozain J:

Enclosure 21 — Proposed Intervener's Application To Intervene In These Proceedings

Introduction

[1] On 9 July 2024, this Court had dismissed the application by Hoe Hee Liang (the "Proposed Intervener") to intervene in these proceedings and be made a defendant. His application was made pursuant to O 15 r 6 of the Rules of 2012 RoC. This Court heard arguments from his counsel and the Plaintiff. The submissions and cause papers were considered. The Proposed Intervener had since appealed to the Court of Appeal against this Court 's decision. Below is this Court 's reasoned decision.

Background

[2] The subject matter of this action involves a piece of freehold land held under Geran 436628, Lot 46045, District of Johor Bahru, State of Johor Darul Takzim (the Land). The First Defendant is the registered owner of the Land. The Land was charged to the Third Defendant as security for facilities granted by the Third Defendant to the First Defendant._The Proposed Intervener, Hoe Hee Liang, is the director and 85% shareholder of the First Defendant. He is also the personal guarantor for the facilities granted by the Third Defendant to the First Defendant.

[3] The F


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