19 Jul 2021
HOCK SENG TRACTOR EARTHWORKS SDN BHD 1. ) 1) PENGURUSAN AIR SELANGOR SDN BHD 2. ) 2) LEIKA SDN BHD 3) HLA ASSOCIATES SDN BHD
- Citation
- BL-22NCVC-5-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-22NCVC-5-10/2020 (Mahkamah Tinggi)
The court allowed Third Party 2's application to set aside the third party notice because Defendant 2 failed to demonstrate a triable cause of action or contractual privity against Third Party 2; Defendant 2's pleaded case showed reliance on drawings and coordinates provided by Defendant 1 and/or Defendant 3 and engagement of measurement work was through Third Party 1, so any alleged negligence would lie against Third Party 1; consequently the third party notice against Juruukur Express Sdn Bhd was struck out and costs awarded to the third party.