Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Contribution/indemnity

Legal area

Court

10 Feb 2026

ATLANTIS ENGINEERING & CONSTRUCTION SDN BHD 1. ) TAN YU PING 2. ) HEE KAH PAU PIHAK TERKILAN LEOW SUAN YANG

Citation

AA-22NCC-10-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCC-10-05/2024 (Mahkamah Tinggi)

The third-party notice discloses a prima facie factual nexus (alleged active participation in financial management and joint signatory role) that raises triable issues; strike-out is inappropriate because the claim is not plainly and obviously unsustainable and the grant of derivative leave does not preclude third-party proceedings for contribution under Section 10(1)(c) Civil Law Act 1956; therefore the strike-out application is dismissed and the third-party claim proceeds to trial.
23 Jan 2025

TENAGA NASIONAL BERHAD MDA FOUNDATION

Citation

WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)

Default judgment was regularly obtained; defendant failed to establish a meritorious defence because defendant is the registered account holder for the electricity supply and thus owed a duty of care to secure the meter and is liable for loss from tampering; change of property ownership does not absolve contractual liability to the utility; third party must be pursued separately for contribution or indemnity. Accordingly the application to set aside the default judgment is dismissed with costs RM1,000.