OOI ENG KING 1. ) DR MOHAN GOPIKRISHNAN 2. ) Pantai Medical Centre Sdn Bhd PIHAK KETIGA 1. ) AON INSURANCE BROKERS (MALAYSIA) SDN. BHD. 2. ) AON INSURANCE BROKERS (MALAYSIA) SDN BHD 3. ) MPI GENERALI INSURANS BERHAD

OOI ENG KING 1. ) DR MOHAN GOPIKRISHNAN 2. ) Pantai Medical Centre Sdn Bhd PIHAK KETIGA 1. ) AON INSURANCE BROKERS (MALAYSIA) SDN. BHD. 2. ) AON INSURANCE BROKERS (MALAYSIA) SDN BHD 3. ) MPI GENERALI INSURANS BERHAD

The application to strike out (Enclosure 37) was dismissed because the dispute was not a plain and obvious case suitable for summary striking out; given the surrounding facts (recurring renewals, receipts from broker, issues as to notice of renewal) the 1st Defendant must be allowed to bring the claim and have evidence tested at trial, therefore the third party proceedings must stand.

Citation
AA-B53KP-1-04/2021 (Mahkamah Sesyen)
Parties
Plaintiff: OOI ENG KING; 1st Defendant; Respondent in High Court: DR MOHAN GOPIKRISHNAN; 2nd Defendant: PANTAI MEDICAL CENTRE SDN BHD; 1st Third Party; Appellant in High Court: AON INSURANCE BROKERS (MALAYSIA) SDN BHD; 2nd Third Party: MPI GENERALI INSURANS BERHAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 March 2022
Case Number
AA-B53KP-1-04/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Appeal From Sessions Court Decision; Related Civil Suit With Third Party Notice / Appeal to High Court From Dismissal of Application to Strike Out (enclosure 37) at Civil Sessions Court; Interlocutory
Outcome
Enclosure 37 dismissed with costs in the cause.
Legal Topics
Striking Out, Third Party Notice, Privity of Contract, Insurance Broker Liability, Renewal Notice, Summary Disposal
Source Language
Malay/English
Civil Procedure Insurance Law Contract Tort Medical Negligence Striking Out Third Party Notice Privity of Contract Insurance Broker Liability +2 more

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Parties

OOI ENG KING

Plaintiff

DR MOHAN GOPIKRISHNAN

1st Defendant; Respondent in High Court

PANTAI MEDICAL CENTRE SDN BHD

2nd Defendant

AON INSURANCE BROKERS (MALAYSIA) SDN BHD

1st Third Party; Appellant in High Court

MPI GENERALI INSURANS BERHAD

2nd Third Party

Procedural Posture

Civil Appeal From Sessions Court Decision; Related Civil Suit With Third Party Notice / Appeal to High Court From Dismissal of Application to Strike Out (enclosure 37) at Civil Sessions Court; Interlocutory

Legal Issues

  1. 1 Whether the third party claim against the insurance broker should be struck out for want of cause of action
  2. 2 Whether the broker is a party to the insurance contract (privity) and thus liable
  3. 3 Whether defects in pleading can be cured by affidavits

Ratio Decidendi

The application to strike out (Enclosure 37) was dismissed because the dispute was not a plain and obvious case suitable for summary striking out; given the surrounding facts (recurring renewals, receipts from broker, issues as to notice of renewal) the 1st Defendant must be allowed to bring the claim and have evidence tested at trial, therefore the third party proceedings must stand.

Court Disposition

Enclosure 37 dismissed with costs in the cause.

Orders

  • Enclosure 37 (application by 1st Third Party to strike out) dismissed with costs in the cause.