RTA – GK Legal

by GK Ganesan July 11, 2025

Has the RTA made the ‘insurable interest defence’ and the ‘recovery action,’ redundant?

Should innocent accident victims be forced into costly legal battles twice—once against the driver and again, [by what has come to be known as a ‘Recover Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Sa' Amran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?

by GK Ganesan June 7, 2025

Blog , English , For Lawyers , Home Featured Articles , Industries

Is the ‘Commonality Principle’ in Iskandar Nuli a Jurisprudential Aberration?

The Court of Appeal's 'commonality principle' in Iskandar Nuli represents judicial legislation without statutory foundation. It contradicts RTA's legislative intent and established doctrines of estoppel. It erects artificial barriers favouring insurers over motor accident victims that Parliament itself did not do. Is it not time to jettison it?

by GK Ganesan February 8, 2025

Blog , English , Home Featured Articles

Is the test for a stay of execution in personal injury cases, different?

The test for a stay of execution in personal injury cases involving the Road Transport Act 1987 (RTA) differs significantly from other civil cases. This essay examines the nuances of this test and addresses several key questions. It concludes that the test is far higher because of the operation of sec. 96(2)(b), read with ss.96(1) and 91(3) of the RTA. The other question is whether the insurer's 'right to intervene' ...