Yong Thien Wieo v ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD PIHAK KETIGA 1. ) Supreme Power Auto Sdn Bhd 2. ) Lim Chaw Teng 3. ) Lim Teck Boon

wa-22ncc-541-11-2018 High Court (Mahkamah Tinggi) 13 March 2025 • WA-22NCC-541-11/2018 • 65 min read
6 cases cited (0 SG, 6 foreign)

Catchwords

Judgment after trial – Liability - Insurance claims by the insureds for loss and damage arising from a fire incident – Whether the insureds entitled to claims extended on indemnity basis - Whether the fire was accidental and deliberately caused – Whether the Plaintiff in breach of the Insurance Policy which restricted the storage and to exclude liability of the insurer – The National Fire Protection Association 921: Guides for Fire and Explosion Investigations – Examination of scientific component by the experts – Examination of “Multiple Seats of Fire” Theory – Whether there is full room involvement – Whether the low-level burnings may cause separate fires - Expert’s failure to support their narrative of incendiary fire ignited in the absence of evidence of any accelerant at the identified multiple seats of fire – The Court’s found that the fire was accidental and not deliberately caused – The assessment or measurements available for verification of the volume of oils is based very much on estimation and unsupported data. The Warranty has not thus not been breached by the Plaintiff.

Judges (1)

Ong Chee Kwan Delivered

Counsel (11)

Othman Hashim & Co Firm Shu Yin, Teh & Taing Firm Alvin Dev Singh Counsel Plaintiff Hazwan Lee Bin Haris Lee Counsel Plaintiff Hida Yazlin Binti Mazlan Counsel Plaintiff Jane Chan Counsel Plaintiff Johan Taing Chee Fae Counsel Plaintiff Leong Zheng Yang Counsel Defendant Puvarnisha Paskaran Counsel Defendant Tharminder Singh Counsel Plaintiff Thayakugan A/L Rajendram Counsel Defendant

Parties (5)

ALLIANZ GENERAL INSURANCE COMPANY BERHAD Defendant SUPREME POWER AUTO Sdn Bhd Third Party Lim Chaw Teng Third Party Lim Teck Boon Third Party Yong Thien Wieo Plaintiff

Statutes Cited

Evidence Act 1950 (Cap 56)
s 101

Cases Cited (6)

UK (2)
[1955] 2 QB 157 [1962] 1 All ER 525
MY (4)
[1986] 2 MLJ 124 [2015] 6 MLJ 1 [2019] 4 MLJ 581 [2024] 4 MLJ 524

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-541-11-2018)