Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Conflict of interest for insurer-appointed solicitors
  • 1 Jan 1900

    MUGHILAN A/L MANIMARAN (1) NILAVALAGAN A/L MURUGAM (2) PUSPALATHA A/P RAJAMANICKAM PENCELAH TOKYO MARINE INSURANS (MALAYSIA) BERHAD

    Citation
    BK – A53KJ-244-9/ 2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BK – A53KJ-244-9/ 2019 (Mahkamah Sesyen)

    The court allowed intervention because the applicant (insurer) demonstrated a timely, bona fide prima facie case and a sufficient nexus under s.96 RTA such that its rights and liabilities would be directly affected by any judgment; intervention under O.15 r.6(2)(b)(ii) was necessary to effectually and completely determine disputed issues (including alleged fraud) and to avoid multiplicity of proceedings.

    • Intervention/joinder of parties
    • Insurer's duty to satisfy judgments (s.96 rta)
    • Allegation of fraud in pleadings
    • Conflict of interest for insurer-appointed solicitors