Introduction

[1] Appeals No: 02()-36-2009(W), 02()-37-2009(W) and 02()-38-2009(W) were all set for hearing before us on 18 May 2010.

[2] Upon the request of the parties concerned, we proceeded to hear appeal No: 02()-37-2009(W) only. It was also agreed by all parties concerned that the result of this appeal would bind the other two appeals.

[3] The appeal is against the decision of the Court of Appeal (COA) dated 8 May 2009 (the "decision") by which the COA allowed the application by the 2nd to 6th respondents (the "interveners") to intervene (the "intervener application") into the COA Civil Appeal Number W-02-432-2004. The application to intervene was made in the Appeal.

[4] Leave to appeal was granted by the Federal Court to the appellant on 12 October 2009 on the following question:

Whether the test for intervention by beneficiaries to the Estate into proceedings brought by administrators of the Estate at the High Court is the same as that for appellate proceedings.

[5] Leave to appeal was also granted to Shorga Sdn Bhd (appellant in Appeal NO 02()-38-2009(W)) and Raja Rajmah binti Raja Chik & 7 Others (appellants in Appeal NO 02()-36-2009(W)) on the same dat