PERWIRA AFFIN BANK BERHAD V LIM AH HEE

PERWIRA AFFIN BANK BERHAD V LIM AH HEE

Bankruptcy proceedings are 'actions' and therefore fall within s.6(3) Limitation Act 1953 as actions upon judgment: such actions may be brought within 12 years of the judgment but recovery of arrears of interest is limited to six years from the date interest became due (which, where interest merged, is the judgment...

Source-derived case information.

Citation
PERWIRA AFFIN BANK BERHAD V LIM AH HEE
Parties
Appellant (judgment Creditor): Perwira Affin Bank Bhd; Respondent (judgment Debtor): Lim Ah Hee
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Appeal / Federal Court Appeal (leave to Appeal Granted)
Outcome
appeal dismissed
Legal Topics
Limitation of Interest Under S.6(3) Limitation Act 1953, Validity of Bankruptcy Notice Under S.3(2)(ii) Bankruptcy Act 1967, Whether Bankruptcy Proceeding Is a Writ of Execution (o.46 R.2 RHC 1980), Merger of Interest Into Judgment
Source Language
en
Civil Procedure Bankruptcy Limitation Limitation of Interest Under S.6(3) Limitation Act 1953 Validity of Bankruptcy Notice Under S.3(2)(ii) Bankruptcy Act 1967 Whether Bankruptcy Proceeding Is a Writ of Execution (o.46 R.2 RHC 1980) Merger of Interest Into Judgment

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Parties

Perwira Affin Bank Bhd

Appellant (judgment Creditor)

Lim Ah Hee

Respondent (judgment Debtor)

Procedural Posture

Civil Appeal / Federal Court Appeal (leave to Appeal Granted)

Legal Issues

  1. 1 Whether s.6(3) Limitation Act 1953 applies to bankruptcy proceedings
  2. 2 Whether a bankruptcy proceeding is a 'writ of execution' under Order 46 r.2 RHC 1980
  3. 3 Whether arrears of interest on a judgment are recoverable beyond six years when bankruptcy proceedings are instituted within 12 years

Ratio Decidendi

Bankruptcy proceedings are 'actions' and therefore fall within s.6(3) Limitation Act 1953 as actions upon judgment: such actions may be brought within 12 years of the judgment but recovery of arrears of interest is limited to six years from the date interest became due (which, where interest merged, is the judgment date); a bankruptcy notice claiming interest beyond that six‑year period is invalid.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs