The court emphasized that a proposed intervener may join proceedings if their legal and financial interests are directly affected, ensuring all matters in dispute can be comprehensively determined.

Introduction

[1] The present case concerns the application by Allianz General Insurance Company (Malaysia) Berhad (the Proposed Intervener), seeking to intervene in the action commenced by the Plaintiffs against the Defendants under Civil Suit No: KCH-B53KJ-38-8/2024 (the main action), pursuant to O 15 r 6 of the Rules of Court 2012 (the ROC 2012).

[2] I allowed the application with costs, and hereinbelow the reasons.

Relevant Cause Papers

[3] The relevant cause papers are as follows:

(i) The Proposed Intervener's Notice of Application dated 4 August 2025 (Encl 44);

(ii) The Proposed Intervener's Affidavit in Support affirmed by Nur Izzati Binti Roslan on 5 August 2025 (Encl 46);

(iii) The First and Second Plaintiffs' Affidavit in Opposition No 1 affirmed by Muhamad Azizi Bin Mohamad Jalai on 18 August 2025 (Encl 45);

(iv) The Proposed Intervener's Affidavit in Reply affirmed by Nur Izzati Binti Roslan on 3 September 2025 (Encl 47);

(v) The First and Second Plaintiffs' Affidavit in Opposition No 2 affirmed by Muhamad Azizi Bin Mohamad Jalai on 17 September 2025 (Encl 50); and

(vi) The Proposed Intervener's Affidavit in Reply affirmed by Nur Izzati Binti Roslan on 1 October 2025 (Encl 51).

Brief Facts Thus Far

[4] Stripped to its bare bones, the factual backdrop stands as follows:

(i) On 1 August 2024, the Plaintiffs commenced an action against the Defendants vide Civil Suit No: KCH-B53KJ-38-8/2024 (the main action).

(ii) The main action had its genesis in the running down action commenced by Muhamad Azizi Mohamad Jalai (the First Plaintiff) and Shadiema Khaidir (the Second Plaintiff) against Eason Voon Po Yi (the First Defendant) and David Voon Choo Yung (the Second Defendant), arising out of a motor vehicle accident alleged to have taken place on 29 May 2024 between the Plaintiffs' motorcycle, bearing registration number QCA2413 (the motorcycle) and a car Honda CR-V bearing registration number QSA6688 (the car) driven by the First Defendant. At the material time, the car belonged to the Second Defendant. In this judgment, save where reference is made to them individually, the First and Second Plaintiffs are described collectively as the Plaintiffs. The First and Second Defendants are, in the same manner, referred to as the Defendants.

(iii) By letter dated 9 July 2024, the Plaintiffs' Solicitors, Messrs Ali Basah & Partners, issued a statutory notice pursuant to s 96(2) of the Road Transport Act 1987 (the RTA ) to the insurer of the car, Allianz General Insurance Company (Malaysia) Berhad, the Proposed Intervener in these proceedings.

(iv) By letter dated 19 July 2024, the Proposed Intervener confirmed coverage of the car and subsequently Messrs Jimmy H T Wee & Co Advocates (the Defendants' Solicitors) were appointed to represent the Defendants.

(v) After the close of pleadings, on 31 October 2024, Form 1 - Agreement to Mediate [Encl 17] was filed by the Plaintiffs' Solicitors, wherein Mediation was then fixed for 19 February 2025.

(vi) On 19 February 2025, by way of E-review, the trial date for this matter was