JUDGMENT

Ramly Ali J:

This is an application by the intended intervenes, RHB Bank Bhd. (the intervenor), videencl. 124 for leave that the intervenor be allowed to intervene in the proceedings under O. 15 r. 6(2)(b)(ii) of the Rules of the High Court 1980 (RHC); and in the event leave is granted, for an order that the order of this court dated 18 November 1997 which set aside an earlier order of this court dated 8 January 1992, be set aside.

The grounds of the said application are essentially as follows:

(i) that the intervenor is the holder of a lien holder's caveat and equitable charge over the land in question;

(ii) based on (i), the intervenor has a legal interest in the subject matter of the proceedings;

(iii) that the intervenor was not aware of the defendant's application to set aside the earlier order dated 8 January 1992;

(iv) that 18 November 1997 order has affected the intervenor's interest in the said land; and

(v) that 18 November 1997 order is invalid in law.

Factual Matrix

The defendant had executed in favour of the plaintiff, The Hongkong & Shanghai Banking Corporation (HSBC) a 3rd party 1st Legal Charge over a piece of land held under C.T. 1817, Lot 597, Mukim Menta