1. Lin Wen-Chih 2. Lin Wen-Chuan 1. Pacific Forest Industries Sdn Bhd 2. Dutaland Berhad

1. Lin Wen-Chih 2. Lin Wen-Chuan 1. Pacific Forest Industries Sdn Bhd 2. Dutaland Berhad

Cross-appeal allowed and appeal dismissed: the Court held the 2013 action was time-barred because the cause of action accrued by latest 10 November 1997 (1st defendant's letter acknowledging reduced balance) and limitation (6 years) expired by 9 November 2003; s.14 did not apply because prior proceedings were not prosecuted in courts lacking jurisdiction or suffering defect of that nature; the 2013 claims (other than the invalid fresh order) were identical or substantially the same as matters adjudicated or which could have been raised in the 1997 suit and amounted to abuse of process/res judicata in the wider sense; accordingly the High Court should have allowed limitation and res...

Citation
S-02(W)-1466-07/2018 (Mahkamah Rayuan)
Parties
Plaintiff/appellant: Lin Wen-Chih; Plaintiff/appellant: Lin Wen-Chuan; Defendant/respondent: Pacific Forest Industries Sdn Bhd (formerly Veramax Sdn Bhd); Defendant/respondent (guarantor): Dutaland Berhad (formerly Mycom Berhad)
Court
W
Jurisdiction
Malaysia
Judgment Date
23 October 2020
Case Number
S-02(W)-1466-07/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) With Cross Appeal From High Court Judgment After Full Trial / Determination on Appeal and Cross Appeal (judgment Dated 23 October 2020)
Outcome
Cross-appeal allowed; appellants' appeal dismissed; plaintiffs' claim in High Court dismissed.
Legal Topics
Set Off/contra Arrangements, Letters of Acknowledgement and Guarantee, Accrual of Cause of Action, Suspension of Limitation (s.14), Interlocutory Rulings Vs Finality
Source Language
Malay/English
Contract Law Limitation Law Civil Procedure Equitable Remedies/unjust Enrichment Res Judicata and Abuse of Process Set Off/contra Arrangements Letters of Acknowledgement and Guarantee Accrual of Cause of Action +2 more

Case Brief

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Parties

Lin Wen-Chih

Plaintiff/appellant

Lin Wen-Chuan

Plaintiff/appellant

Pacific Forest Industries Sdn Bhd (formerly Veramax Sdn Bhd)

Defendant/respondent

Dutaland Berhad (formerly Mycom Berhad)

Defendant/respondent (guarantor)

Procedural Posture

Civil Appeal (court of Appeal) With Cross Appeal From High Court Judgment After Full Trial / Determination on Appeal and Cross Appeal (judgment Dated 23 October 2020)

Legal Issues

  1. 1 Whether plaintiff's 2013 claim was time-barred under Limitation Ordinance (Sabah)
  2. 2 Whether the 2013 suit was barred by res judicata/issue estoppel given the 1997 suit
  3. 3 Whether the 2012 'fresh order' revived a cause of action or was a sham

Ratio Decidendi

Cross-appeal allowed and appeal dismissed: the Court held the 2013 action was time-barred because the cause of action accrued by latest 10 November 1997 (1st defendant's letter acknowledging reduced balance) and limitation (6 years) expired by 9 November 2003; s.14 did not apply because prior proceedings were not prosecuted in courts lacking jurisdiction or suffering defect of that nature; the 2013 claims (other than the invalid fresh order) were identical or substantially the same as matters adjudicated or which could have been raised in the 1997 suit and amounted to abuse of process/res judicata in the wider sense; accordingly the High Court should have allowed limitation and res...

Court Disposition

Cross-appeal allowed; appellants' appeal dismissed; plaintiffs' claim in High Court dismissed.

Orders

  • Cross-appeal allowed
  • Plaintiffs' appeal dismissed