1 Jun 2021
HONG LEONG MSIG TAKAFUL BERHAD (CO. NO.: 738090-M) MSM INTERNATIONAL ADJUSTERS (MALAYSIA) SDN BHD (formerly known as McLaren Saksama (Malaysia) Sdn Bhd) (CO. NO.: 14645-T)
- Citation
- WA-22NCC-284-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-284-07/2018 (Mahkamah Tinggi)
Defendant breached its contractual duties by submitting fabricated adjuster reports without investigating; ex turpi causa defence fails because the fraud was not attributable to the plaintiff (fraud was the independent wrongdoing of its employee, not the plaintiff's directing mind) and exceptions (Hampshire Land and 'very thing' exception) apply; defendant liable to repay RM1,303,119.45 and refund RM71,846.80 with interest and costs; third parties held liable to indemnify defendant to limited extents; Faisal and Mirza jointly and severally liable for full indemnity to defendant.