13 May 2025
NOR ILY KAREENA BINTI ROSMAN 1. ) MOHD SOLEHIN BIN MOHD RAZALI 2. ) TAJULARUS BIN BAHARI PENCELAH ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD
- Citation
- DA-A53KJ-608-12/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- DA-A53KJ-608-12/2022 (Mahkamah Sesyen)
The application (Lampiran 62) to issue a third party notice was dismissed because the proposed third party had already attended court and given evidence (including cross-examination), making the application premature; allowing it would require amendment of pleadings and rehearing of evidence, causing duplication/contradiction and wasting court resources; coupled with an unreasonable delay of approximately two years without credible explanation, the application constituted an abuse of process and was refused on the balance of probabilities with costs awarded to the plaintiff.