METROWAY SDN. BHD. DATO' HAJI ABDUL JABAR BIN KAMIN PERBADANAN SETIAUSAHA KERAJAAN SELANGOR DAN 2 LAGI MOHD MASLORO BIN HJ. ABDULLAH

METROWAY SDN. BHD. DATO' HAJI ABDUL JABAR BIN KAMIN PERBADANAN SETIAUSAHA KERAJAAN SELANGOR DAN 2 LAGI MOHD MASLORO BIN HJ. ABDULLAH

The court affirmed the High Court: the claims were time‑barred under s.6 because the documents and matters forming the basis of alleged fraud existed by 2001 and plaintiff either knew or ought to have suspected the injury then; section 29 did not postpone limitation because fraud was not newly discovered nor pleaded with sufficient particularity and concealment was not established; failure to pursue earlier proceedings and defective pleadings meant the claims were unsustainable and properly struck out.

Citation
B-02(IM)(NCVC)-1172-06/2017, B-02(IM)(NCVC)-1173-06/201, B-02(IM)(NCVC)-1174-06/20177 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Metroway Sdn. Bhd.; 1st Defendant/respondent: Perbadanan Setiausaha Kerajaan Selangor; 2nd Defendant/respondent: Permodalan Negeri Selangor Berhad; 3rd Defendant/respondent: Dato' Haji Abdul Jabar Bin Kamin; 4th Defendant/respondent: Md. Yunus @ Iskandar Bin Md. Noor; 5th Defendant/respondent: Mohd Masloro Bin Hj. Abdullah; 6th Defendant/respondent: Benua Ehsan Sdn. Bhd.
Court
IM
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
B-02(IM)(NCVC)-1172-06/2017, B-02(IM)(NCVC)-1173-06/201, B-02(IM)(NCVC)-1174-06/20177 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed; High Court judgment affirmed
Legal Topics
Limitation Period, Fraud Concealment, Pleading Particulars, Strike Out, Joint Venture Agreement, Termination
Source Language
Malay/English
Contract Law Tort Limitation Law Civil Procedure Fraud Limitation Period Fraud Concealment Pleading Particulars +3 more

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Parties

Metroway Sdn. Bhd.

Appellant/plaintiff

Perbadanan Setiausaha Kerajaan Selangor

1st Defendant/respondent

Permodalan Negeri Selangor Berhad

2nd Defendant/respondent

Dato' Haji Abdul Jabar Bin Kamin

3rd Defendant/respondent

Md. Yunus @ Iskandar Bin Md. Noor

4th Defendant/respondent

Mohd Masloro Bin Hj. Abdullah

5th Defendant/respondent

Benua Ehsan Sdn. Bhd.

6th Defendant/respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the claims are time‑barred under section 6 Limitation Act 1953
  2. 2 Whether section 29 Limitation Act 1953 (postponement for fraud or mistake) postpones commencement of limitation period
  3. 3 Whether the pleaded allegations of fraud were sufficiently particularised to invoke section 29

Ratio Decidendi

The court affirmed the High Court: the claims were time‑barred under s.6 because the documents and matters forming the basis of alleged fraud existed by 2001 and plaintiff either knew or ought to have suspected the injury then; section 29 did not postpone limitation because fraud was not newly discovered nor pleaded with sufficient particularity and concealment was not established; failure to pursue earlier proceedings and defective pleadings meant the claims were unsustainable and properly struck out.

Court Disposition

Appeal dismissed; High Court judgment affirmed

Orders

  • Appeals dismissed
  • Costs of RM10000 awarded to defendants subject to taxation to be allocated to each set of defendants