22 Aug 2025
1. ) YEW SZE SZE 2. ) YEAK MEE LENG Chu Pang Kiong
- Citation
- AA-12A-27-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-12A-27-11/2024 (Mahkamah Tinggi)
The Sessions Court erred by permitting third-party proceedings against the appellants because the unauthorised electricity diversion was a tort committed and admitted by the sub-tenant Sik, not a breach by the appellants; the appellants lawfully sublet and had no knowledge or involvement, the contractual clauses relied upon do not apply to impose indemnity in these facts, contribution is unavailable absent joint tortfeasorship, and the third-party notice was obtained on a misleading factual premise — therefore the third-party proceedings are set aside and the appeal is allowed with costs.