B.I.G Industrial Gas Sdn Bhd EWAJAYA Sdn Bhd

B.I.G Industrial Gas Sdn Bhd EWAJAYA Sdn Bhd

The court held the account between parties was a running account so limitation is measured from the last outstanding balance (October 2019); the RM5,300 payment and the auditor's letter constituted acknowledgements/acts resetting accrual under s26(2) Limitation Act 1953; the plaintiff proved the balance of...

Source-derived case information.

Citation
WA-22NCC-716-12/2019 (Mahkamah Tinggi)
Parties
Plaintiff: B.I.G. Industrial Gas Sdn Bhd; Defendant: Ewajaya Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2021
Case Number
WA-22NCC-716-12/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Claim / Trial Judgment
Outcome
Claim allowed in favour of plaintiff
Legal Topics
Running Account, Statute of Limitations, Acknowledgement/payment to Extend Limitation, Accounting Records Reliability, Damages for Lost/damaged Goods
Contract Limitation Commercial Law Evidence Running Account Statute of Limitations Acknowledgement/payment to Extend Limitation Accounting Records Reliability +1 more

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Parties

B.I.G. Industrial Gas Sdn Bhd

Plaintiff

Ewajaya Sdn Bhd

Defendant

Procedural Posture

Commercial Debt Claim / Trial Judgment

  1. 1 Whether the plaintiff's claim was time‑barred under the Limitation Act 1953
  2. 2 Whether the relationship constituted a running account and when the cause of action accrued
  3. 3 Whether the defendant owed the claimed sum of RM1,236,895.36

Ratio Decidendi

The court held the account between parties was a running account so limitation is measured from the last outstanding balance (October 2019); the RM5,300 payment and the auditor's letter constituted acknowledgements/acts resetting accrual under s26(2) Limitation Act 1953; the plaintiff proved the balance of RM1,236,895.36 on the balance of probabilities by detailed statements, invoices and delivery/debit notes, therefore the claim was not time‑barred and judgment was entered for the plaintiff with costs.

Court Disposition

Claim allowed in favour of plaintiff

Orders

  • Judgment for plaintiff for RM1,236,895.36 against defendant
  • Costs awarded to plaintiff