6 Dec 2023
PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) JEYA PRAKASH A/L ARASAN 2. ) GUNALAN A/L PECHIMUTU
- Citation
- JA-12A-6-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12A-6-02/2023 (Mahkamah Tinggi)
The High Court allowed D2's appeal: D2 had the right to intervene and to apply to set aside the judgment because of its statutory interest under s96(1) RTA; the setting aside application was not fatally defective and any technical non-compliance did not prejudice parties; D2 had produced prima facie evidence of fraud and conspiracy warranting a trial; accordingly the default judgment was set aside and the matter remitted to the Sessions Court for a full hearing, with costs awarded to D2.