Malaysia Case Law: Decisions & Judgments

Topic

Third party proceedings

Legal area

Court

30 Nov 2025

1. ) Noor Azman Bin Surudh Ali 2. ) Muhammad Amirul Ashraff Bin Noor Azman Shaidi Bin Mohammed PIHAK KETIGA WAN YUSUF ISKANDAR BIN WAN HASSAN

Citation

TA-B53F-3-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53F-3-03/2023 (Mahkamah Sesyen)

Plaintiffs failed to establish a prima facie case of libel because the core evidence (WhatsApp screenshots) remained identification (ID) documents without maker testimony or primary evidence and plaintiffs did not satisfy statutory requirements for admission of computer‑generated documents (s90A) or exceptions to hearsay (s73A); accordingly evidential burden never shifted to defendants and claims were dismissed.
2 Sept 2025

SABAH DEVELOPMENT BANK BERHAD YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.

Citation

WA-22NCC-841-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-841-11/2024 (Mahkamah Tinggi)

The Plaintiff established a prima facie claim by producing the Guarantee and Certificate of Indebtedness; substitution required fulfilment of express conditions precedent which were not proven to have been satisfied by the Defendant; the Certificate is conclusive absent fraud or manifest error; third party proceedings do not preclude summary judgment; the Defendant failed to discharge the evidential burden or raise any triable issue, entitling the Plaintiff to summary judgment.
23 Jan 2025

TENAGA NASIONAL BERHAD MDA FOUNDATION

Citation

WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-3101-07/2024 (Mahkamah Majistret)

Default judgment was regularly obtained; defendant failed to establish a meritorious defence because defendant is the registered account holder for the electricity supply and thus owed a duty of care to secure the meter and is liable for loss from tampering; change of property ownership does not absolve contractual liability to the utility; third party must be pursued separately for contribution or indemnity. Accordingly the application to set aside the default judgment is dismissed with costs RM1,000.
11 Oct 2024

ANTAH PHARMA SDN BHD 1. ) ALSYIFAA PHARMACORP SDN BHD 2. ) ROZITA BINTI ISMAIL 3. ) ABD AZIZ BIN JAMALUDIN PIHAK KETIGA 1. ) Muhamad Sazali Bin Mohamed Saman 2. ) DYNAMIC PHARMASHOPPE & HEALTHCARE SDN. BHD 3. ) MS PHARMACY PLT

Citation

CB-A72NCC-76-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-A72NCC-76-12/2022 (Mahkamah Majistret)

Plaintiff satisfied Order 14 preliminary requirements and, applying the rule in Turquand’s case, plaintiff dealt in good faith with the business trading as Alsyifaa Farmasi and was not required to investigate internal transfers; defendant first’s denials did not raise a triable issue to defeat summary judgment. Therefore summary judgment was appropriate and entered for the plaintiff for the debt claimed.
1 Mar 2023

1. ) MASHUDAN BIN KAMAR 2. ) Kharil Bin Sulaiman (Menuntut Sebagai Pengamanah Persekutuan Guru-guru Melayu Johor, Cawangan Batu Pahat) 3. ) HAJI SANUSI BIN HAJI LAMBING 4. ) HJ ABDUL KADIR BIN HJ MUHAMMAD 5. ) ZAMILAH BINTI HAJI EKHWAN 6. )

Citation

J-02(NCvC)(W)-2088-11/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

J-02(NCvC)(W)-2088-11/2021 (Mahkamah Rayuan)

The preliminary objection was dismissed because the Respondent's cross-appeal was a permissible procedural device to preserve its rights vis-a-vis the third parties in the event the Appellants succeeded, no party was prejudiced, the Court of Appeal may exercise its wide powers under s.69 CJA to hear all parties and do substantive justice, and the Appellants' late challenge was barred by delay under r.103 RCA 1994.
16 Nov 2022

1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

Citation

PA-12B-51-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-51-09/2019 (Mahkamah Tinggi)

High Court allowed respondent's preliminary objection: third party appeals conflated with the plaintiff's Notice of Appeal were defective because third party proceedings are independent; there was no judgment against third parties to appeal; on merits the Sessions Court's factual findings that the defendant's version was inherently probable and not negligent were not 'plainly wrong' and therefore the plaintiff's appeal was dismissed; quantum (general damages RM130,400.00 and special damages RM82.30) and costs were upheld as reasonable.
16 Nov 2022

1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

Citation

PA-12B-51-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-51-09/2019 (Mahkamah Tinggi)

TP1 and TP2's purported appeals, conflated with the plaintiff's notice of appeal, were defective because third party proceedings constitute an independent action requiring separate appeals; on the merits the Sessions Court's finding that the defendant was not negligent was not 'plainly wrong' in view of credibility assessments, contemporaneous police report and damage patterns, and the damages assessment was reasonable and not disturbed.
16 Jun 2022

Chow Ye An & 21 yang lain Euroland & Development Sdn Bhd PIHAK KETIGA All Ways Builder Sdn Bhd

Citation

BA-22NCvC-210-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-210-05/2021 (Mahkamah Tinggi)

The court exercised its discretion under O.34 r.1(1) read with O.16 r.4 and O.15 r.5, finding a joint trial would be inconvenient and contrary to the overriding objective of just, expeditious and economical disposal and the protective policy of the Housing Development Act; accordingly the application for extension of time was dismissed and the third party notice was struck out with liberty to sue separately.
10 Jan 2022

1. ) LING PEEK HOE 2. ) LING BOON HUAT 3. ) DING TOH BIEW (M3) 22-45-2008 4. ) DING TOH GIEN (M3) 22-45-2008 1. ) DING SIEW CHING 2. ) GOLDEN STAR 3. ) DING TOH BIEW 4. ) DING TOH GIEN 5. ) DING TOH LEI 6. ) LING PEEK HOE (M3) 22-45-2008

Citation

(M1) 22-203-2006, (M3) 22-45-2008 (Mahkamah Tinggi)
Court

M1
Case number

(M1) 22-203-2006, (M3) 22-45-2008 (Mahkamah Tinggi)

The court held the pleading objection was barred by res judicata because the trial judgment expressly awarded special, general and exemplary damages to be assessed and the defendants had not raised the pleading point during trial or appeals; legal fees set out in signed retainers and refresher agreements were actual costs 'incurred' even if unpaid and are recoverable as special damages on an indemnity basis in a fraud action; affidavits exchanged for assessment could stand effectively as pleadings for the assessment; accordingly the plaintiffs were awarded special damages (legal fees and disb…
6 Jan 2022

LEW ON @ LEW TEE YEE MOHAMMAD BIN MUHAMED AVVUU And / or all those who are claimed against, on the property that is held under the Title GRN 529187 LOT 58790, Simpang Kanan Sub District, Batu Pahat District, Johore PIHAK KETIGA 1. ) SETIAMA

Citation

JB-22NCVC-44-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-44-09/2020 (Mahkamah Tinggi)

The court refused Setiamas Sdn Bhd's strike out application because the third party claim raised triable issues and was not 'obviously unsustainable'; the court allowed Batu Pahat Municipal Council's strike out application because the council had no statutory power or nexus regarding land subdivision, issuance or transfer of titles and thus the claim disclosed no reasonable cause of action; the court held Order 16 r.4 is permissive ('may') and failure to seek directions is not fatal; limitation did not bar the third party claim as time ran from service of the writ.