22 Jun 2022
1. ) DELTA HAULAGE TRANSPORT (M) SDN. BHD. 2. ) SANDERAN A/L RAMAN 1. ) SHANMUGAM RAMASAMY 2. ) PANASONIC APPLIANCES AIR-CONDITIONING MALAYSIA SDN. BHD.
- Citation
- B-02(IM)(NCvC)-198-01/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(NCvC)-198-01/2021 (Mahkamah Rayuan)
The appeal fails because the application for contribution/indemnity was an impermissible re‑litigation: issues of liability, indemnity and contribution had been litigated and finally determined at the High Court trial and by the Court of Appeal, and therefore res judicata/issue estoppel and the need for finality preclude invoking s10 CLA to reopen those issues in a separate proceeding; the appropriate forum to seek apportionment was during the original proceedings or on appeal.