14 Dec 2022
LONPAC INSURANCE BERHAD 1. ) NURUL HASMIDA BINTI MOHMED HANAPI 2. ) MOHMED HANAPI BIN JUSOH 3. ) ROHAYU BINTI JAFFAR
- Citation
- DA-24NCvC-196-05/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-196-05/2022 (Mahkamah Tinggi)
The court held that although the defendants failed to comply with the seven‑day statutory notice period, the defendants' conduct (their solicitors having honestly served the wrong insurer and later serving the correct insurer after discovery) amounted to special/exceptional circumstances; conversely the plaintiff insurer had not complied with the procedural prerequisites of s96(3) (notice within seven days stating grounds) and delayed bringing the declaratory application, and permitting the declaration would cause substantial prejudice to the claimants; accordingly the plaintiff's application…