JUDGMENT

Aliza Sulaiman J:

Introduction

[1] This is the application by Zulbahari Abu Bakar ('Third Party') in encl 79 to set aside-

(a) the Order of this Court dated 6 August 2020 granting leave to Chan Kah Wai, the 2nd Defendant ('D2') and Chai Yee Hin, the 3rd Defendant ('D3') to issue a Third Party Notice against the Third Party;

(b) the Third Party Notice issued by D2 against the Third Party dated 18 August 2020 and filed on 19 August 2020 (encl 67); and

(c) the Statement of Claim ('SoC') filed by D2 against the Third Party dated 18 August 2020, pursuant to O 16, r 6 and/ or O 18, r 19(1)(a), (b), (c) and/ or (d) and/ or O 92, r 4 of the Rules of 2012 ('RoC 2012'). A similar application was made by the Third Party against D3 (encl 81) and it was heard together with encl 79 on 30 July 2021.

[2] After having considered the cause papers and written submissions filed by the parties and the oral submissions by learned counsels representing D2, D3 and the Third Party, I had dismissed the Third Party's application in encl 79 with costs of RM3,500.00 while the Third Party's application in encl 81 was allowed with the same amount of costs. Directions were then given for the filing of the Thir