SMB RESOURCES SDN BHD (Company no.: 631967-K) 1. LEE WAI TUCK (NRIC No.: 690920-08-5125) [Director General of Insolvency as he Administrator of the Bankrupt’s Estate since 27.01.2016] 2. WONG HUA CHOON (NRIC No.: 6410112-13-5571) 3. NG WAI

SMB RESOURCES SDN BHD (Company no.: 631967-K) 1. LEE WAI TUCK (NRIC No.: 690920-08-5125) [Director General of Insolvency as he Administrator of the Bankrupt’s Estate since 27.01.2016] 2. WONG HUA CHOON (NRIC No.: 6410112-13-5571) 3. NG WAI

The plaintiff was bound by its pleaded admission that the Huawei Agreement was discovered to be fictitious by February–March 2012, hence the cause of action accrued by March 2012 and the claims against the 2nd, 3rd and 4th Defendants are time‑barred under Limitation Act 1953 s6(1)(a); the claim against the 2nd Defendant relating to the 2nd Share Sale Agreement accrued by May 2014 and was also time‑barred by May/June 2020; accordingly Enclosures 21 and 24 were allowed and the claims struck out as obviously unsustainable.

Citation
WA-22NCC-509-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff: SMB RESOURCES SDN BHD; 1st Defendant: LEE WAI TUCK; 2nd Defendant: WONG HUA CHOON; 3rd Defendant: NG WAI PIN; 4th Defendant: TEE KEONG MING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2021
Case Number
WA-22NCC-509-10/2020 (Mahkamah Tinggi)
Procedural Posture
Commercial Division; Tort (conspiracy to Defraud) / Striking Out Applications; Grounds of Judgment
Outcome
Enclosure 21 and Enclosure 24 allowed; claims against the 2nd, 3rd and 4th Defendants struck out as time‑barred.
Legal Topics
Conspiracy to Defraud, Striking Out, Limitation Period, Judicial Admissions, Share Sale Agreements
Source Language
Malay/English
Tort Civil Procedure Limitation Law Company Law Conspiracy to Defraud Striking Out Limitation Period Judicial Admissions +1 more

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Parties

SMB RESOURCES SDN BHD

Plaintiff

LEE WAI TUCK

1st Defendant

WONG HUA CHOON

2nd Defendant

NG WAI PIN

3rd Defendant

TEE KEONG MING

4th Defendant

Procedural Posture

Commercial Division; Tort (conspiracy to Defraud) / Striking Out Applications; Grounds of Judgment

Legal Issues

  1. 1 When did the cause of action accrue for conspiracy to defraud?
  2. 2 Whether the plaintiff's pleaded admission (Feb–Mar 2012) binds the plaintiff for limitation purposes
  3. 3 Whether the action is time‑barred under Limitation Act 1953 s6(1)(a)

Ratio Decidendi

The plaintiff was bound by its pleaded admission that the Huawei Agreement was discovered to be fictitious by February–March 2012, hence the cause of action accrued by March 2012 and the claims against the 2nd, 3rd and 4th Defendants are time‑barred under Limitation Act 1953 s6(1)(a); the claim against the 2nd Defendant relating to the 2nd Share Sale Agreement accrued by May 2014 and was also time‑barred by May/June 2020; accordingly Enclosures 21 and 24 were allowed and the claims struck out as obviously unsustainable.

Court Disposition

Enclosure 21 and Enclosure 24 allowed; claims against the 2nd, 3rd and 4th Defendants struck out as time‑barred.

Orders

  • Enclosure 21 and Enclosure 24 allowed
  • The Writ action as against the 2nd, 3rd and 4th Defendants is struck out pursuant to Order 18 r19(1)(a)-(d) Rules of Court 2012 on the ground that the action is time‑barred under Limitation Act 1953 s6(1)(a)