24 Jun 2020
1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) PACIFIC & ORIENT INSURANCE CO. BERHAD 2. ) 1. SHAHRUL IMAN BIN ABDULLAH 2. NAVIN NAICKER A/L VIJAYAN 3. YAHYA BIN YACOB
- Citation
- W-02(NCC)(W)-1704-09/2019 DAN W-02(NCC)(W)-1711-09/2019 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-1704-09/2019 DAN W-02(NCC)(W)-1711-09/2019 (Mahkamah Rayuan)
The Court of Appeal dismissed the insurer's appeal: s96(3) relief was unavailable after a liability judgment had been obtained; the JID in the Recovery Action was a regularly obtained, valid judgment not subject to collateral impeachment absent illegality, lack of jurisdiction or breach of natural justice; consequently the insurer's action to impeach the JID failed and there was no basis to continue the interlocutory injunction once the insurer's claims were dismissed; costs follow the event and successful defendants were entitled to costs.