6 Nov 2024
Tan Sri Dr Mohd Irwan Serigar Bin Abdullah Azmi Bin Tahir
- Citation
- W-02(IM)(NCvC)-1573-09/2024 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-1573-09/2024 (Mahkamah Rayuan)
The Court of Appeal held the High Court misdirected itself in striking out the third‑party proceedings. Given the pleaded factual matrix, the nature of the allegations and the interlocutory history (including document disputes), the third‑party claims against the former CFO and co‑directors were not properly summarily disposed of for delay or for failing to disclose a triable case; the matters of joint tortfeasance, indemnity and contribution require trial and may be remedied by amendment; consequently the High Court decision of 6 September 2024 was set aside and the applications to strike ou…