Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Fresh accrual of cause of action

Legal area

Court

11 Aug 2023

CHIN HAN SIONG ENRICH GARDEN CITY SDN. BHD.

Citation

CA-A72NCC-55-02/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCC-55-02/2023 (Mahkamah Majistret)

The defendant's letter dated 13.02.2017 was a written, signed acknowledgment of liability addressed to the plaintiff satisfying Sections 26 and 27 of the Limitation Act 1953 and thereby refreshed the cause of action; the plaintiff met the requirements for summary judgment under Order 14 and the defendant failed to raise any triable issue, so summary judgment was granted for the plaintiff with costs.
28 Jun 2023

Lembaga Perindustrian Nanas Malaysia CCA ADVERTISING SDN. BHD.

Citation

JA-12BNCvC-18-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-18-07/2021 (Mahkamah Tinggi)

Court found a contract existed despite no written agreement because the Respondent's invoice constituted an offer, the Defendant accepted and used the Technical Videos constituting acceptance and consideration; P11 was a valid written acknowledgment by the Director General under ss.26(2) and 27 Limitation Act 1953 that refreshed the cause of action to 25.5.2015 making the claim filed 20.11.2017 within time; the Sessions Court's award of RM20,000 general damages was reasonable and not plainly wrong, therefore the appeal is dismissed with costs.