Malaysia Case Law: Decisions & Judgments

Topic

Third-party liability

Legal area

Court

31 Jul 2024

PARVATHI A/P PERIAKARUPPAN AMALAN SETAR (M) SDN. BHD. PIHAK TERKILAN Jaikanes a/l Manokaran

Citation

BF-B52NCvC-1-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-B52NCvC-1-11/2020 (Mahkamah Sesyen)

Vacant possession was deemed delivered on 19.1.2020 under clause 26(3) of the SPA so liquidated ascertained damages are limited to 12.1.2020–19.1.2020 (RM671). The developer was negligent in key distribution/management and therefore liable for foreseeable loss of rental (RM4,000 for four months). Plaintiff's claims for renovation costs beyond rectification were not allowed; no aggravated or exemplary damages. Defendant's counterclaim and its claims against the 3rd party were dismissed for failure of proof.
25 Mar 2024

1. ) Abdul Hair Bin Ali Hossain 2. ) Wan Ismail Bin Wan Kadir 1. ) ZURICH GENERAL TAKAFUL MALAYSIA BERHAD 2. ) Nor Ashikin Binti Abd Rahman

Citation

W-02(NCC)(A)-560-03/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(A)-560-03/2022 (Mahkamah Rayuan)

The Court of Appeal held that statutory third-party protection under the RTA prevents the insurer from obtaining a declaration under s.96 to void the policy after the risk materialised where the insurer failed to show it had made inquiries or safeguarded its interests on renewal; therefore the insurer cannot rely on the vehicle being a different chassis to avoid liability to innocent third-party victims and the High Court's declaration was set aside.
22 Nov 2023

THE PACIFIC INSURANCE BERHAD 1. ) MSM FOOD INDUSTRIES SDN BHD 2. ) ANBUDEVAN A/L AROLNATHAN 3. ) SUPRAMANIAM A/L SINNASAMY

Citation

WA-24NCC-264-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-264-05/2023 (Mahkamah Tinggi)

Because the CV Policy clause 6(b) mirrors s.91(1)(aa) RTA and the 3rd Defendant was employed by the insured at the time of the accident, the policy excludes coverage for the 3rd Defendant's claim; therefore the insurer has no obligation to indemnify and the declaration under s.96(3) RTA is granted.

Malaysia Case Law

PARVATHI A/P PERIAKARUPPAN AMALAN SETAR (M) SDN. BHD. PIHAK TERKILAN Jaikanes a/l Manokaran

1. ) Abdul Hair Bin Ali Hossain 2. ) Wan Ismail Bin Wan Kadir 1. ) ZURICH GENERAL TAKAFUL MALAYSIA BERHAD 2. ) Nor Ashikin Binti Abd Rahman

THE PACIFIC INSURANCE BERHAD 1. ) MSM FOOD INDUSTRIES SDN BHD 2. ) ANBUDEVAN A/L AROLNATHAN 3. ) SUPRAMANIAM A/L SINNASAMY