Tiong Kim Yok PERUNDING JURU JASA SDN BHD

Tiong Kim Yok PERUNDING JURU JASA SDN BHD

Court accepted plaintiff's invoices and testimony; held the defendant's letter dated 26.3.2024 and oral promise by its director in March 2024 constituted a fresh acknowledgement under s26(2) Limitation Act 1953 thereby reviving time-barred claims; defendant closed its case and failed to call material witnesses,...

Source-derived case information.

Citation
JA-A52NCC-326-07/2024 (Mahkamah Sesyen)
Parties
Plaintiff: Tiong Kim Yok (trading as Agnes Tiong & Associates); Defendant: Perunding Juru Jasa Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
JA-A52NCC-326-07/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Debt Claim / Judgment Delivered (trial Concluded)
Outcome
Judgment for plaintiff
Legal Topics
Debt Recovery (accounting and Secretarial Fees), Acknowledgement of Debt and Fresh Accrual, Time Bar / Limitation Act 1953, Adverse Inference for Failure to Call Witnesses (s 114(g) Evidence Act 1950), No Case to Answer
Contract Debt Recovery Limitation of Actions Evidence Civil Procedure Debt Recovery (accounting and Secretarial Fees) Acknowledgement of Debt and Fresh Accrual Time Bar / Limitation Act 1953 +2 more

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Parties

Tiong Kim Yok (trading as Agnes Tiong & Associates)

Plaintiff

Perunding Juru Jasa Sdn Bhd

Defendant

Procedural Posture

Civil Debt Claim / Judgment Delivered (trial Concluded)

  1. 1 Whether plaintiff proved claim for RM198,575.00 against defendant
  2. 2 Whether parts of the claim are time-barred under the Limitation Act 1953
  3. 3 Whether defendant's failure to call witnesses and alleged misappropriation rebut plaintiff's claim

Ratio Decidendi

Court accepted plaintiff's invoices and testimony; held the defendant's letter dated 26.3.2024 and oral promise by its director in March 2024 constituted a fresh acknowledgement under s26(2) Limitation Act 1953 thereby reviving time-barred claims; defendant closed its case and failed to call material witnesses, attracting an adverse inference under s114(g) Evidence Act 1950; accordingly plaintiff proved claim on balance of probabilities and judgment entered for plaintiff with costs.

Court Disposition

Judgment for plaintiff

Orders

  • Judgment entered for plaintiff in the sum of RM198,575.00
  • Costs awarded to plaintiff on the standard scale