The ruling was made by Deputy Registrar Monica Ayahty Litis before Tiong's counsel Hery Ling and TV3's counsel Cecil Lau.

Earlier, Tiong also successfully struck out the suit filed against him as the Third Defendant in a lawsuit filed by Eastern Park Sdn. Bhd. in August 2001 pertaining to the construction of TV3 Transmission Tower in Bintulu.

Judical Commissioner Dato Sulaiman Daud, in December, 2002 struck out the suit against Tiong with cost.

In his contention to striking out the TV3's third Party Notice against Tiong, Ling said the CEO of TV3 Ahmad Farid had no authority or power to institute third party proceeding against his client in the name of TV3.

"TV3's in its won letter, had put the point beyond dispute that the dealing for the setting up of the transmitter in Bintulu was made between STMB and Sarawak National Party (SNAP) and not Tiong in his personal capacity," argued Ling.

He added the TV3's document had also expressly stated that TV3 did not wish to be dragged into any of the internal disagreement with SNAP.  It held to the commitment with SNAP.  It held to the commitment from SNAP vide letter reference JJ/1/SNAP 1988 dated November 24, reaffirming SNAP's commitment to contribute RM1.5 million for the construction of the transmitter.

"In addition, Tiong was never a party or privy to the contract between Eastern Park Sdn Bhd and Tv3. The documentary evidence produced by TV3 clearly stated that there was no contract between TV3 and Tiong"

"TV3 cannot just assume that Tiong was a party to the contract merely because Tiong ahd signed a letter as the then treasurer-general of SNAP or otherwise involved in securing TV's  Translmission Tower project in Bintulu," contended Ling.

He also pointed out that Ahmad Farid could not produce any evidence to show that TV3's Board of Directors or Shareholders had duly authorised him to commence the third party proceeding against Tiong.