1. ) LAM SHAO KOI 2. ) TEOH LEAN SEE 3. ) LAM SHE NA 4. ) LAM KEAT KOI 5. ) LAM YUEE CH'NG v 1. ) PENANG DEVELOPMENT CORPORATION 2. ) VENICE GATEWAY SDN BHD
Catchwords
In assessing D1's potential obligation to cover some or all of the damages incurred by the Plaintiff, this Court looks to the guidelines outlined in Section 10 of the CLA 1956, The following parts of Section 10 CLA 1956 are relevant: "Proceedings against, and contribution between, joint and several tortfeasors. 10(1) Where damage is suffered by any person as a result of a tort (whether a crime or not) - (a).................... (b)…...…………. (c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought. (2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the Court to be just and equitable having regard to the extent of that person's responsibility for the damage, and the Court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity"
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-157-09-2021)