1. ) CHIA YANG HOCK 2. ) CHIA YONG HAK 3. ) CHIA YONG PENG TETUAN TAY & PARTNERS

1. ) CHIA YANG HOCK 2. ) CHIA YONG HAK 3. ) CHIA YONG PENG TETUAN TAY & PARTNERS

The court held the Sessions Court erred in dismissing the claim solely on affidavit material because the accrual date of the cause of action in tort could be when actual damage was suffered (loss of access in early 2023), and material disputed factual issues (professional negligence, alleged fraud, effect of 2003 judgment, status of strata title and partnership liability) require oral evidence and assessment at full trial; therefore the claim was not obviously unsustainable and must be remitted to trial.

Citation
JA-12ANCvC-6-02/2024 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: CHIA YANG HOCK; Appellant Plaintiff: CHIA YONG HAK; Appellant Plaintiff: CHIA YONG PENG; Respondent Defendant: TETUAN TAY & PARTNERS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2025
Case Number
JA-12ANCvC-6-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal Remitting Matter to Sessions Court for Full Trial
Outcome
Appeal allowed; decision of the Sessions Court set aside; claim remitted to the Sessions Court for full trial; costs to appellants subject to allocatur
Legal Topics
Strike Out Under O.18 R.19(1)(a), (b), (d) KKM 2012, Cause of Action Accrual, S.6 Limitation Act 1953, Conveyancing and Strata Title, Particulars of Fraud, Solicitor Professional Duty
Source Language
Malay/English
Civil Procedure Limitation of Actions Professional Negligence Contract Law Property Law Fraud Strike Out Under O.18 R.19(1)(a),(b),(d) KKM 2012 Cause of Action Accrual +4 more

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Parties

CHIA YANG HOCK

Appellant Plaintiff

CHIA YONG HAK

Appellant Plaintiff

CHIA YONG PENG

Appellant Plaintiff

TETUAN TAY & PARTNERS

Respondent Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Remitting Matter to Sessions Court for Full Trial

Legal Issues

  1. 1 Whether the claim was time-barred under s.6 Limitation Act 1953
  2. 2 Whether the pleadings disclosed a reasonable cause of action to justify striking out
  3. 3 Whether allegations of fraud were sufficiently particularised for dismissal at interlocutory stage

Ratio Decidendi

The court held the Sessions Court erred in dismissing the claim solely on affidavit material because the accrual date of the cause of action in tort could be when actual damage was suffered (loss of access in early 2023), and material disputed factual issues (professional negligence, alleged fraud, effect of 2003 judgment, status of strata title and partnership liability) require oral evidence and assessment at full trial; therefore the claim was not obviously unsustainable and must be remitted to trial.

Court Disposition

Appeal allowed; decision of the Sessions Court set aside; claim remitted to the Sessions Court for full trial; costs to appellants subject to allocatur

Orders

  • Appeal allowed
  • Decision of the Sessions Court set aside