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.