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.