15 Sept 2021
HOCK SENG TRACTOR EARTHWORKS 1. PENGURUSAN AIR SELANGOR SDN BHD 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 application to set aside the Third Party Notice was dismissed because Defendant 2 demonstrated triable issues: the Third Party was appointed by Defendant 2 to carry out surveying/alignment work, Defendant 2 relied on those results, and pleadings sufficiently alleged negligence and breach of contract giving rise to a reasonable cause of action that cannot be resolved on affidavit; accordingly the Third Party Notice must stand.