TOH CHENG SENG COUNTRY GARDEN DANGA BAY SDN. BHD.

TOH CHENG SENG COUNTRY GARDEN DANGA BAY SDN. BHD.

The court struck out and set aside the writ and statement of claim because the plaintiffs' LAD claims were time-barred under the Limitation Act 1953 as interpreted by the more recent appellate authority relied upon (Obata Ombak), meaning the cause of action accrued at the relevant earlier date and the claims...

Source-derived case information.

Citation
JA-A72NCvC-69-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: Toh Cheng Seng; Defendant: Country Garden Danga Bay Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
JA-A72NCvC-69-01/2022 (Mahkamah Majistret)
Procedural Posture
Striking Out Application Under Order 18 R 19 Rules of Court 2012 / Interlocutory Hearing and Judgment on Defendant's Striking Out Application
Outcome
Defendant's application to strike out and set aside the Writ and Statement of Claim allowed.
Legal Topics
Striking Out, Liquidated Ascertained Damages (lad), Locus Standi, Time Bar / Limitation, Validity of Contract Amendment, Procedure Affidavits and Service
Contract Civil Procedure Property Law Limitation Law Housing Development Regulation Striking Out Liquidated Ascertained Damages (lad) Locus Standi +3 more

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Parties

Toh Cheng Seng

Plaintiff

Country Garden Danga Bay Sdn. Bhd.

Defendant

Procedural Posture

Striking Out Application Under Order 18 R 19 Rules of Court 2012 / Interlocutory Hearing and Judgment on Defendant's Striking Out Application

  1. 1 Whether plaintiffs' affidavits complied with procedural rules (language and who affirmed)
  2. 2 Whether plaintiffs have locus standi given assignment/transfer to bank
  3. 3 Whether cause of action for LAD is time-barred under the Limitation Act 1953

Ratio Decidendi

The court struck out and set aside the writ and statement of claim because the plaintiffs' LAD claims were time-barred under the Limitation Act 1953 as interpreted by the more recent appellate authority relied upon (Obata Ombak), meaning the cause of action accrued at the relevant earlier date and the claims exceeded the statutory limitation period; procedural irregularities in affidavits did not prejudice the defendant but did not salvage a substantively time-barred cause of action.

Court Disposition

Defendant's application to strike out and set aside the Writ and Statement of Claim allowed.

Orders

  • Writ of summons and Statement of Claim struck out and set aside in favour of defendant
  • Costs awarded to defendant in the sum of RM1500.00