7 Feb 2024
1. ) CHEN KEAN KEONG 2. ) CHEEN LOOI BENG 1. ) CHEN YOOK YIN 2. ) KOPERASI TUNAS MUDA SUNGAI ARA BERHAD
- Citation
- PA-22NCVC-205-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCVC-205-09/2019 (Mahkamah Tinggi)
The court found the plaintiffs had knowledge of the alleged fraud by at least 16.05.2013 (police report) and 22.07.2013 (demand notice); the writ filed on 24.09.2019 was therefore outside the six‑year limitation under s6 read with s29 Limitation Act 1953. Cooperative membership does not constitute trust property under the cooperative bylaws, so s22(1) does not save the claims. The claims against Defendant Two (and consequentially Defendant One) were struck out as time‑barred and an abuse of process; costs RM1500 awarded to D2.