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2024 MarsdenLR 833

HIGH COURT MALAYA KUALA LUMPUR
CHAN TSHIAO LI & ANOR – Appellant
Versus
MALCOLM FERNANDEZ & ORS; LOW BENG CHOO (PROPOSED INTERVENER) – Respondent


Petitioner Advocates:V Sithambaram,Ruebankumar ,Respondent Advocate: Avinder Singh Gill,Mohd Irwan Ismail,Chia Eng Yi

JUDGMENT

[Enclosure 90]

Leong Wai Hong JC:

Introduction

[1] The Proposed Intervener, Low Beng Choo a senior lawyer at the Malaysian Bar, applied to me to be granted leave to intervene and be added as a defendant in a Writ Action before me.

[2] The Writ Action is essentially to challenge the validity of a Will dated 28 April 2022, ["Impugned Will"] on the grounds, inter alia, that the testator, the late Lim Siew Kim ["Deceased"] lacked testamentary capacity, the existence of suspicious circumstances and the exertion of undue influence on the Deceased in the making of the Impugned Will.

[3] The Writ Action does not claim any relief against Low Beng Choo. Thus, the acute issue that arises for my determination is whether Low Beng Choo can intervene to be added as a defendant in this suit when the plaintiffs do not claim any relief against her.

[4] She alleges that she has a right to intervene to defend her reputation and good name as, to quote from her counsel's written submissions in encl 106, "serious allegations have been made in the Statement of Claim against the Proposed Intervener which are adverse to her professional reputation and her livelihood without naming her as a party", unquote

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