JUDGMENT

Prasad Sandosham Abraham FCJ:

[1] We heard the submissions of parties on 9 March 2017, of this appeal based on the questions of law framed, and we reserved our decision to a date to be fixed. We now append below our decision and grounds for the same.

[2] Background Facts:

(a) On 26 November 2010, the Registered Owner (Sharul) of a motorcar bearing Register No WIG 42225 (the Car) took out a motor Insurance Policy (The Policy) on the car with the respondent herein for the period 26 November 2010 to 25 November 2011. (See "Ikatan Teras Bersama (Penghakiman)", p 14)

(b) On 13 December 2010, Sharul loaned the car to the appellant (Iskandar bin Mohd Nuli, the 2nd defendant in the High Court) to drive into Singapore with his wife (Zuraini) as a passenger. The car was involved in a road traffic accident with a Crane Truck and Zuraini suffered injuries, loss and damage.

(c) On 31 January 2013, Zuraini instituted an action for negligence in the High Court of Singapore (the Singapore Suit) against the appellant as driver of the car and also the driver of the Crane Truck.