Malaysia Case Law: Decisions & Judgments

Topic

Recovery proceedings

Legal area

Court

5 Aug 2022

PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) Navin Naicker A/l Vijayan 3. ) Yahya Bin Yacob

Citation

02(f)-28-04/2021(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-28-04/2021(W) (Mahkamah Persekutuan)

Where vehicle remained registered in insured's name and insurer failed to establish lawful transfer of ownership/insurable interest per s.13 RTA, the registered owner's status and statutory deeming under s.109 coupled with statutory third-party protection (ss.90,91,94,95) impose liability on insurer; further, an insurer seeking declaratory relief under s.96(3) must comply strictly with the proviso (service and timing), and s.96(3) procedures cannot be used to determine core contested factual issues of negligence which require trial evidence; MIB guidelines reinforce insurer liability to innoc…
13 Jan 2020

LONG MUHAMMAD ASHRAF BIN LONG ISHAK (NRIC No.: 950906-03-5453) PACIFIC & ORIENT INSURANCE CO. BERHAD

Citation

WA-24NCC-262-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-262-05/2019 (Mahkamah Tinggi)

Failure by the insurer to serve the proviso-required notice under section 96(3) RTA meant the declaratory order obtained by the insurer does not bind the third-party claimant; accordingly the claimant is entitled to enforce the Sessions Court judgment against the insurer under section 96(1) RTA without first instituting a separate recovery proceeding, provided the judgment is not stayed or overturned.
11 Sept 2019

YEAP TICK IN PACIFIC & ORIENT INSURANCE CO BHD

Citation

W-02(NCC)(W)-2148-10/2018 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-2148-10/2018 (Mahkamah Rayuan)

The Court held the High Court erred in granting a permanent injunction because the respondent's causes of action were dismissed and thus no relief lay; a declaration obtained under s.96(3) RTA 1987 is ineffective against an injured third party who was not given the statutory notice and opportunity to intervene, so the declaration in this case was only effective between insurer and insured; a judgment creditor need not commence separate recovery proceedings against the insurer when the insurer has not validly invoked s.96(3), and therefore the injunction restraining enforcement was improperly…

Malaysia Case Law

PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) Navin Naicker A/l Vijayan 3. ) Yahya Bin Yacob

LONG MUHAMMAD ASHRAF BIN LONG ISHAK (NRIC No.: 950906-03-5453) PACIFIC & ORIENT INSURANCE CO. BERHAD

YEAP TICK IN PACIFIC & ORIENT INSURANCE CO BHD