third party

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 March 26, 2019

Blog , English , For Lawyers

Are private hospitals immune from the negligence of their specialists? [Part-2]

In Part-1, we examined the difficulties of using vicarious liability as a tool when dealing with private hospitals. In Part-2, we examine how the law in this area has developed, and where it should go.