22 Jul 2020
ZAMRI BIN OTHMAN MOHAMAD ROIFF BIN MD ARIB & 2 others
- Citation
- WA-24NCC-486-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-486-09/2019 (Mahkamah Tinggi)
The originating summons was dismissed because the insurer obtained a declaratory order repudiating the policy before the plaintiff obtained judgment and, until judgment is obtained a third party has no legal interest to be served; where the insurer was not present at the liability trial and there are allegations of fraud that affect enforceability of the policy, the correct remedy is a separate recovery action under s.96(1) with full trial to determine fraud and policy issues rather than enforcing the liability judgment by mere presentation or by originating summons.