KUCHING, Oct. 9 -- The High Court in Kuala Lumpur yesterday dismissed Petroliam Nasional Berhad's (Petronas) application to convert the ongoing interpleader proceedings involving Shell MDS (Malaysia) Sdn Bhd into a writ action.
Petronas had sought to change the mode of proceedings on grounds of alleged complexity and the need for oral evidence.
However, the Court held that an originating summons under Order 17 of the Rules of Court 2012 (ROC) is a self-contained process designed specifically to resolve competing claims against a neutral stakeholder.
In its decision, the Court ruled that converting the proceedings into a writ would fundamentally alter their nature, transforming them into an adversarial action and defeating the purpose o...
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