17 Nov 2010
RAI NARAYAN PARSHAD v. CHIT HING CONSTRUCTION ENGINEERING AND OTHERS
- Citation
- RAI NARAYAN PARSHAD v. CHIT HING CONSTRUCTION ENGINEERING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI604/2008
AXA's letters of 5 March and 14 April 2009 amounted to a repudiation/rejection of D3's indemnity claim by 14 April 2009; Condition 10(e)'s three-month limitation survives such repudiation; third party proceedings commence only when a third party notice is sealed and issued by the court registry; the 1st TPN was never in the custody of the court and its defect was not curable so the only valid commencement date is the 2nd TPN (23 July 2009), which was outside the three-month period; accordingly D3's third party claim was time-barred and plainly unsustainable and was struck out