Ka Yin Development Sdn Bhd 1. ) Yap Sui Hing @ Sik Yin Chi 2. ) Yoong May Lin 3. ) Chen Siew Yoong

Ka Yin Development Sdn Bhd 1. ) Yap Sui Hing @ Sik Yin Chi 2. ) Yoong May Lin 3. ) Chen Siew Yoong

The action was struck out as time-barred: the pleaded breaches crystallised more than six years before suit and the Plaintiff could not point to any fresh act of breach to revive the cause of action, rendering the claim plainly unsustainable and liable to be struck out under Order 18 r.19.

Citation
BA-22NCvC-427-10/2023 (Mahkamah Tinggi)
Parties
Plaintiff: KA YIN DEVELOPMENT SDN BHD; Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor: YAP SUI HING @ SIK YIN CHI; Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor: YOONG MAY LIN; Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor: CHEN SIEW YOONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 September 2024
Case Number
BA-22NCvC-427-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Contractual Dispute (specific Performance) / Application to Strike Out Under Order 18 Rule 19 (decided)
Outcome
Defendants' application allowed; action struck out
Legal Topics
Specific Performance, Limitation (time Bar), Strike Out, Locus Standi, Res Judicata
Source Language
Malay/English
Contract Civil Procedure Property Insolvency Specific Performance Limitation (time Bar) Strike Out Locus Standi +1 more

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Parties

KA YIN DEVELOPMENT SDN BHD

Plaintiff

YAP SUI HING @ SIK YIN CHI

Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor

YOONG MAY LIN

Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor

CHEN SIEW YOONG

Defendant Committee Member of Persatuan Penganut Buddha Suci Ci Hang (2) Kl/selangor

Procedural Posture

Civil Contractual Dispute (specific Performance) / Application to Strike Out Under Order 18 Rule 19 (decided)

Legal Issues

  1. 1 Whether the claim is time-barred under the limitation period
  2. 2 Whether the Plaintiff has locus standi to bring the action
  3. 3 Whether the Plaintiff has power to sue in its own name

Ratio Decidendi

The action was struck out as time-barred: the pleaded breaches crystallised more than six years before suit and the Plaintiff could not point to any fresh act of breach to revive the cause of action, rendering the claim plainly unsustainable and liable to be struck out under Order 18 r.19.

Court Disposition

Defendants' application allowed; action struck out

Orders

  • Action struck out
  • Plaintiff to pay costs of RM8,000