Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joinder/intervention

Legal area

Court

9 May 2024

WAN KAM SANG SEBAGAI BAPA YANG SAH DAN PENANGGUNGAN KEPADA WAN MEE FONG, SIMATI, UNTUK DIRI SENDIRI, DAN BAGI PIHAK PENANGGUNGAN-PENANGGUNGAN YANG LAIN KOO TIEN WEE

Citation

JA-A53KJ-887-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-887-12/2022 (Mahkamah Sesyen)

The court dismissed the insurer's application to intervene because allowing the insurer to dispute coverage within the tort proceedings would defeat the statutory scheme under section 96(1)-(3) of the Road Transport Act 1987; the insurer must seek a declaratory judgment under s96(3) in a separate forum and cannot use procedural joinder powers to circumvent the statute.
17 Nov 2022

1. ) VICKNESWARAN A/L KALAISELVAN 2. ) KAVITHA A/P RAVI SANGKAR AMIR HAIKAL BIN KAMARUZAMAN

Citation

JA-A53KJ-51-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-51-01/2022 (Mahkamah Sesyen)

The application to be added as a party was dismissed because it was without merit and amounted to an unnecessary, duplicative intervention based on hearsay and after-the-fact investigations; the plaintiffs retain the burden to prove the accident and its locus, defendant had admitted involvement in police report and pleadings were unchanged, the insurer is already bound by s.96 RTA and had legal representation, and permitting intervention would cause unjust delay and was therefore refused with costs RM500.00.