LOH WAI LIAN V. S.E.A. HOUSING CORP. SDN. BHD.

LOH WAI LIAN V. S.E.A. HOUSING CORP. SDN. BHD.

For a contractual claim for liquidated damages arising from delayed completion, the cause of action accrues on the breach date (the expiry of the contractual delivery date); therefore limitation under Limitation Ordinance 1953 s6(1) ran from 18 September 1975 and the action filed on 7 September 1982 was statute-barred.

Citation
LOH WAI LIAN V. S.E.A. HOUSING CORP. SDN. BHD.
Parties
Plaintiff / Respondent: Loh Wai Lian; Defendant / Appellant: S.E.A. Housing Corp. Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1983
Procedural Posture
Civil Appeal (contract Liquidated Damages) / Appeal From Registrar's Decision on Summary Judgment/leave Under Order 14
Outcome
Appeal allowed.
Legal Topics
Liquidated Damages, Accrual of Cause of Action, Limitation Period, Order 14 Summary Judgment
Source Language
en
Contract Limitation Civil Procedure Property Liquidated Damages Accrual of Cause of Action Limitation Period Order 14 Summary Judgment

Case Brief

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Parties

Loh Wai Lian

Plaintiff / Respondent

S.E.A. Housing Corp. Sdn. Bhd.

Defendant / Appellant

Procedural Posture

Civil Appeal (contract Liquidated Damages) / Appeal From Registrar's Decision on Summary Judgment/leave Under Order 14

Legal Issues

  1. 1 When does a cause of action for liquidated damages for delayed completion accrue?
  2. 2 Whether the plaintiff's claim was time-barred under the Limitation Ordinance 1953 s6(1)
  3. 3 Whether authority in Bolo v. Koklan applies to contractual delay claims

Ratio Decidendi

For a contractual claim for liquidated damages arising from delayed completion, the cause of action accrues on the breach date (the expiry of the contractual delivery date); therefore limitation under Limitation Ordinance 1953 s6(1) ran from 18 September 1975 and the action filed on 7 September 1982 was statute-barred.

Court Disposition

Appeal allowed.

Orders

  • Appeal allowed
  • Registrar's order permitting plaintiff to enter final judgment under Order 14 set aside