Malaysia Case Law: Decisions & Judgments

Topic

Contribution

Legal area

Court

3 Mar 2026

TANG LING SDN. BHD. CRSC PROPERTY SDN. BHD.

Citation

WA-12BNCvC-56-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-56-06/2025 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's factual finding that TNB entered and occupied the land with the consent of the previous registered proprietor and that its occupation was referable to a lease; that factual finding was not plainly wrong or marred by legal misdirection; indefeasibility did not displace an originally lawful entry; and no contractual, statutory, tortious or equitable foundation existed for indemnity or contribution, so trespass and third/fourth-party claims failed.
13 Mar 2025

1. ) DAQ WAREHOUSE SDN BHD 2. ) DAQ LOGISTICS SDN BHD 3. ) DEEP SEA FISHERY KINGDOM SDN BHD 1. ) TANG LIN YAU SDN BHD 2. ) ECOLD REFRIGERATION SDN BHD 3. ) TAN YOW BOON PENCELAH BASIC FRONTIER SDN BHD

Citation

BA-22NCvC-55-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-55-02/2024 (Mahkamah Tinggi)

Item 11(6) of the SPA imposed a continuing obligation on the Vendor (1st Defendant) to provide, manage and maintain the communal central firefighting system inclusive of pumps, pipes, valves and sprinklers; that obligation was not transferred by the Assignment to the Third Party; the Assignment indemnity clause only applies where the Assignee breached stipulations transferred under the Tenancy Agreement; no particulars pleaded to show Third Party's contributory negligence; therefore the 1st Defendant's third-party claim for indemnity and contribution against the Third Party was unsustainable…
29 May 2024

GLOBAL ROYALTY TRADING SAL DATIN PADUKA SERI HAJJAH ROSMAH BINTI MANSOR PIHAK KETIGA 1. ) Ketua Polis Negara 2. ) Kerajaan Malaysia

Citation

WA-22NCC-164-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-164-03/2023 (Mahkamah Tinggi)

The application for leave to issue Third Party Notices was dismissed because the Defendant failed to demonstrate any legal basis for an indemnity or contribution: there was no pleaded or established contract, statute or recognised relationship giving rise to an indemnity, and no prima facie evidence that the Proposed Third Parties were joint tortfeasors; accordingly there was no basis to join the Government or Ketua Polis Negara under Order 73 r.8 ROC 2012.
10 Aug 2023

1. ) LKW PETROLEUM SDN. BHD. 2. ) LEE KOK WAI LOH POON HOE

Citation

WA-12ANCC-138-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-138-11/2022 (Mahkamah Tinggi)

The appeal is dismissed because (1) the defendants failed to apply for directions under Order 16 rule 4(1) within seven days after the third party entered appearance, enabling the third party's application under rule 4(2), and (2) the Third Party Statement of Claim discloses no reasonable cause of action against the third party — it is plain and obvious there is no nexus establishing entitlement to contribution or indemnity; the Sessions Court was therefore correct to set aside the third party proceedings and the decision is consistent with the prior summary judgment against the defendants.
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.
4 Nov 2020

LIM SZE WAY (NRIC No: 801013-04-5284) ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (Company No: 735426-V) PIHAK KETIGA 1. SUPREME POWER AUTO SDN BHD (Company No. 669443-U) 2. LIM CHAW TENG (NRIC No. 520818-04-5205) 3. LIM TECK BOON (

Citation

WA-22NCC-543-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-543-11/2018 (Mahkamah Tinggi)

The Third Party Notice was set aside because the Defendant failed to establish any legal nexus for indemnity or contribution against the Third Parties: no contractual or statutory basis for indemnity, no subrogation was pleaded or effected so insurer has no independent cause of action, and contribution only arises between joint tortfeasors whereas the Defendant is not a tortfeasor; additionally the notice was issued after an inordinate and unexplained delay rendering it suspect and potentially time‑barred.
4 Nov 2020

YONG THIEN WIEO (NRIC No. 731004-04-5169) ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (Company No. 735426-V) PIHAK KETIGA 1. SUPREME POWER AUTO SDN BHD (Company No. 669443-U) 2. LIM CHAW TENG (NRIC No. 520818-04-5205) 3. LIM TECK BO

Citation

WA-22NCC-541-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-541-11/2018 (Mahkamah Tinggi)

There was no legal nexus to support the Defendant's claims against the Third Parties: no contractual, statutory or implied indemnity was pleaded or established; contribution under s10(1)(c) Civil Law Act 1956 only applies among tortfeasors and the Defendant is not a tortfeasor; subrogation rights do not vest independently in the Defendant absent acceptance of the insured's claim; the Third Party Notice was issued after an inordinate delay rendering it unsustainable. Therefore the Third Party Notice (Enclosure 61) must be set aside.
8 Sept 2020

MPAY MOBILE SDN. BHD. (NO. SYARIKAT : 1246920-X) PHANG HORNG WOEI (NO. K/P : 830427-08-6273) PIHAK KETIGA CHOI KOK WEI (NO. K/P : 690916-10-6085) ARCHER ADVANCE (M) SDN BHD (NO. SYARIKAT : 362634-A) AA ADVANCE TECHNOBILITY SDN BHD (NO. SYAR

Citation

BA-22NCC-106-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-106-08/2019 (Mahkamah Tinggi)

The court dismissed the 4th Third Party's application to strike out: the indemnity claim lacked legal basis because a director's duty is primarily to the company not to fellow directors, but the claim for contribution raised a prima facie case (not obviously unsustainable) based on WhatsApp evidence implying joint involvement and thus requires a full trial to determine liability and contribution.
10 Feb 2020

Managepay Technologies Sdn Bhd Khor Wai Hoal PIHAK KETIGA 1. Chew Chee Seng 2. Han Yian Ting

Citation

BA-22NCC-33-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-33-03/2019 (Mahkamah Tinggi)

The court held that the Defendant's contribution claim against the second‑named third party was plainly unsustainable and bound to fail because there was no pleading that the second third party was a joint tortfeasor or in pari delicto and the Defendant had not complied with procedural requirements to join on common or connected issues (no Form 19). Conversely, the indemnity claim against the first‑named third party raised triable issues of fact (allegations that TP1 was alter ego/Managing Director and had knowledge/endorsed EUT) and therefore could not be summarily struck out under O.18 r.19.
10 Feb 2020

MANAGEPAY TECHNOLOGIES SDN BHD KHOR WAI HOAL PIHAK KETIGA 1. CHEW CHEE SENG 2. HAN YIAN TING

Citation

BA-22NCC-33-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-33-03/2019 (Mahkamah Tinggi)

The Court held that the Defendant's indemnity claim against TP1 raises triable issues of fact — including pleaded allegations that TP1 acted as the Plaintiff's alter ego, endorsed and negotiated over EUT and sent messages evidencing knowledge — and therefore it is not obviously unsustainable and cannot be summarily struck out under O.18 r.19. Conversely, the Defendant's claim for contribution against TP2 lacked any pleading that TP2 was a joint tortfeasor or in pari delicto, and the Defendant did not invoke or frame common issues by Form 19 under O.16 r.1(1)(c); therefore the contribution cla…