ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (NO SYARIKAT: 735426-V) 1. MUHAMMAD HAFIZUL HANIF BIN MD NOOR [NO. KP: 930607-03-5447] 2. AEZOI BIN AZIZ [NO. KP: 840503-03-5697]

ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (NO SYARIKAT: 735426-V) 1. MUHAMMAD HAFIZUL HANIF BIN MD NOOR [NO. KP: 930607-03-5447] 2. AEZOI BIN AZIZ [NO. KP: 840503-03-5697]

Court allowed the intervention because the insurer demonstrated a direct legal and pecuniary interest that would be materially affected by the outcome, including statutory liability under s.96 RTA and factual allegations of fraud that must be resolved at trial; the Sessions Court erred in refusing intervention solely on risk of overlapping claims without applying the established Diplock/Denning tests and relevant authorities to protect the insurer's rights and to avoid multiplicity of actions.

Citation
DA-12A-2-01/2021 (Mahkamah Tinggi)
Parties
Appellant / Proposed Intervener: Allianz General Insurance Company (Malaysia) Berhad; Respondent (plaintiff in Sessions Court): Muhammad Hafizul Hanif Bin Md Noor; Respondent (defendant in Sessions Court): Aezoi Bin Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 July 2021
Case Number
DA-12A-2-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Application to Intervene; Appeal Against Refusal to Allow Intervention
Outcome
Appeal allowed; decision of Sessions Court set aside; proposed intervener (insurer) permitted to intervene.
Legal Topics
Intervention/joinder, Insurance Company Liability, Alleged Fraud/collusion, Order 15 R.6(2) Rules/kaedah Kaedah Mahkamah
Source Language
Malay/English
Insurance Civil Procedure Road Traffic Law Criminal Law (fraud) Intervention/joinder Insurance Company Liability Alleged Fraud/collusion Order 15 R.6(2) Rules/kaedah Kaedah Mahkamah

Case Brief

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Parties

Allianz General Insurance Company (Malaysia) Berhad

Appellant / Proposed Intervener

Muhammad Hafizul Hanif Bin Md Noor

Respondent (plaintiff in Sessions Court)

Aezoi Bin Aziz

Respondent (defendant in Sessions Court)

Procedural Posture

Civil Appeal From Sessions Court / Application to Intervene; Appeal Against Refusal to Allow Intervention

Legal Issues

  1. 1 Whether the insurer (proposed intervener) has a legal or pecuniary interest directly affected by the outcome such that intervention should be permitted under Order 15 r.6(2)
  2. 2 Whether alleged fraud/collusion (conflicting police reports and statutory declaration) raises issues that must be determined at the main trial and thus justify joinder of the insurer
  3. 3 Whether the Sessions Court correctly refused intervention on the ground that joinder would produce overlapping claims

Ratio Decidendi

Court allowed the intervention because the insurer demonstrated a direct legal and pecuniary interest that would be materially affected by the outcome, including statutory liability under s.96 RTA and factual allegations of fraud that must be resolved at trial; the Sessions Court erred in refusing intervention solely on risk of overlapping claims without applying the established Diplock/Denning tests and relevant authorities to protect the insurer's rights and to avoid multiplicity of actions.

Court Disposition

Appeal allowed; decision of Sessions Court set aside; proposed intervener (insurer) permitted to intervene.

Orders

  • Perayu dibenarkan mencelah dan diberi perintah sebagaimana di perenggan-perenggan (c), (d), (e), (f) dan (g) Notis Permohonan (mukasurat 16-20 Rekod Rayuan).
  • Kos dijadikan kos di dalam kausa.