A proposed intervener may be allowed to join a suit if serious allegations affecting their reputation are made, even if no relief is sought against them by the plaintiffs.

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.

[5] A person's reputation has long been considered sacrosanct. A saying that comes to mind easily is this immortal phrase by William Shakespeare in The Tragedy of Othello, The Moor of Venice written circa 1603, "Good name in man and woman, dear my lord, is the immediate jewel of their souls" - Othello [Act III Scene iii] . [See also Dato Seri Anwar Ibrahim v. The New Straits Times Press (M) Sdn Bhd & Anor, [2010] 2 MLJ 492, Harmindar Singh J.]

[6] So, is Low Beng Choo right in her contention?

Proceedings Before Me

[7] All the plaintiffs and defendants have no objections to her application to intervene as a defendant. But the Court is no mere rubber stamp. The Court must, itself, be satisfied that there is a valid basis before granting the application. This is because the addition of an additional party will add to the time needed to dispose of the trial. To the Court, time is a scarce commodity.

[8] At the first hearing on 19 January 2024 counsel was not able to produce direct authorities to satisfy the Court. I thus adjourned the hearing for counsel to file a further written submission and fix my decision to be delivered on 5 February 2024. Deeper research by counsel and me revealed relevant cases. I now deliver my decision.

The Parties

[9] The Deceased is a daughter of the late tycoon Tan Sri Lim Goh Tong, the founder of the Genting Group of companies. She is also the wife of the late Mr Dick Chan Teik Huat of the accounting firm known as Kassim Chan & Co (now Deloitte).

[10] The 1st plaintiff Chan T'shiao Li and the 2nd plaintiff Kimberley Chan Tshiao Miin are the 2nd and 3rd children (daughters) respectively of the Deceased.

[11] The 1st defendant Malcolm Fernandez of Messrs C Sukumaran & Co is a lawyer who for many years acted for the Deceased and various companies controlled by the Deceased. The 2nd defendant Chan Mei Yee is the personal assistant of the Deceased for many years.

[12] Both the 1st and 2nd defendants are executors named in the Impugned Will. They are not family members of the Deceased.

[13] The 3rd defendant is Marcus Chan Jau Chwen who is the son of the Deceased.

Background Facts

[14] The estate of the Deceased is huge by any standards. The plaintiffs say the estimated value of the estate is about RM1.6 billion. The defendants say "if we accept the plaintiffs' valuation of the Estate at RM1.6 billion and the Will is disproved, then the Plaintiffs, together, stand to gain approximately RM799 million." [See encl 29 para 3.6 and encl 33 para 66] .

[15] The bulk of the Estate goes to a foundation called Dikim Foundation [70%] and to the 3rd defendant Marcus Chan Jau Chwen [30%] .

Issue Before Me

[16] The issue before me is whether a person can intervene to be added as a defendant in a suit when the plaintiffs do not claim any relief against the