Malaysia Case Law: Decisions & Judgments

Topic

Limitation (limitation act 1953)

Legal area

Court

9 Mar 2026

PERBADANAN PENGURUSAN OCTVILLE CONDOMINIUM OCTVILLE GOLF PROPERTIES SDN BHD

Citation

JA-22NCvC-103-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-103-08/2025 (Mahkamah Tinggi)

Plaintiff met Order 14 prerequisites and established a running account with documentary evidence and written acknowledgements; defendant failed to demonstrate a bona fide triable defence or that the claim was statute-barred because s26 revived limitation by payments/acknowledgements; accordingly summary judgment was appropriate for RM1,863,163.32 with interest and costs RM5,000.00.
8 Aug 2025

ENERGISER PROPERTIES SDN.BHD CHOY KAM LEE beramal dibawah nama gaya K.L.CHOY & CO

Citation

AA-12B-10-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-10-04/2024 (Mahkamah Tinggi)

Appellant acted as principal in all material dealings; Section 183 Contracts Act 1950 is inapplicable; the 2016 Sale and Purchase Agreement and subsequent dealings constituted a written acknowledgment restarting the limitation period; the retention of RM400,000 was a lawful set-off against outstanding fees; no constructive trust or disciplinary breach established; appeal dismissed and respondent entitled to judgment and costs.
15 Jul 2024

Tan Kheng Guan (Mendakwa Bagi Pihak Dirinya Sendiri Dan Pemegang Saham Syarikat Ketiga Shigen Polycolor Sdn. Bhd., Selain Daripada Pertama Dan Kedua) 1. ) CHU KOK KHING 2. ) EE GENG CHOON 3. ) SHIGEN POLYCOLOR SDN BHD 4. ) SHIFTY TECHNOLOGY

Citation

PA-22NCvC-223-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-223-11/2017 (Mahkamah Tinggi)

The court struck out the plaintiff's claims because the plaintiff failed to comply with the prior order and statutory requirement to bring the claim in the company's name so he lacked locus standi, and the substantive allegations were time‑barred and barred by delay/acquiescence such that the claims were frivolous, vexatious or otherwise disclosed no triable issue; therefore the defendants' strike‑out application succeeded and the related interlocutory reliefs and proposed amendment were dismissed with costs.
15 Sept 2022

1. ) ZAMRI BIN IBRAHIM 2. ) MOHD HANIF BIN ABDUL RAHMAN HONG LEONG BANK BERHAD

Citation

RA-12ANCvC-6-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

RA-12ANCvC-6-03/2022 (Mahkamah Tinggi)

The court found the defendant had effectively admitted liability to the auction surplus so only quantum remained; the defendant's claim to deduct RM41,672.40 was time-barred under Limitation Act 1953 s6(1); clause 18 of the LACA terminated the agreement on completion of the sale so the bank could not rely on clause 14(c) thereafter to justify set-off; the solicitors' fees claim of RM35,360 had already been paid; accordingly the defendant had no meritorious defence and the plaintiffs' summary judgment and strike out applications should succeed.
29 Jul 2021

SAROJA A/P SUBRAMANIAM KUMAR A/L SUBRAMANIAM

Citation

BL-22NCVC-8-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCVC-8-10/2020 (Mahkamah Tinggi)

Plaintiffs’ pleadings disclosed no reasonable cause of action against Defendants 1 and 2 because the alleged causes (fraudulent transfers effected during the parents' lifetimes) were personal to the deceased and only the estate’s personal representatives could lawfully challenge them under s8 Civil Law Act 1956; registered titles are prima facie indefeasible under s340 National Land Code; and the pleadings failed to overcome these defects such that the claim was obviously unsustainable and properly struck out under O.18 r.19(1)(a).
24 Sept 2020

1. Ng Kiat Lian 2. Monica Ng O-Lan 3. Ng Swat Lan Ng Chin Siu & Sons Rubber Estates Sdn. Bhd.

Citation

WA-22NCC-159-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-159-05/2017 (Mahkamah Tinggi)

Article 120’s phrase 'or otherwise' is confined to sums analogous to calls i.e. matters relating to unpaid amounts on shares; NCS could not lawfully withhold dividends on the basis of general allegations about fixed deposits or alleged misconduct. On the balance of probabilities the court found 'Ng Beh Goh' and 'Ng Ah Bah' to be the alias of Ng Kee Wei, and there was insufficient evidence that Ng Beh Tong alone breached fiduciary duties or that NCS exercised due diligence was prevented from suing earlier; therefore NCS’s substantive counterclaims are time‑barred and unproven and dividends mus…

Malaysia Case Law

PERBADANAN PENGURUSAN OCTVILLE CONDOMINIUM OCTVILLE GOLF PROPERTIES SDN BHD

ENERGISER PROPERTIES SDN.BHD CHOY KAM LEE beramal dibawah nama gaya K.L.CHOY & CO

Tan Kheng Guan (Mendakwa Bagi Pihak Dirinya Sendiri Dan Pemegang Saham Syarikat Ketiga Shigen Polycolor Sdn. Bhd., Selain Daripada Pertama Dan Kedua) 1. ) CHU KOK KHING 2. ) EE GENG CHOON 3. ) SHIGEN POLYCOLOR SDN BHD 4. ) SHIFTY TECHNOLOGY

1. ) ZAMRI BIN IBRAHIM 2. ) MOHD HANIF BIN ABDUL RAHMAN HONG LEONG BANK BERHAD

SAROJA A/P SUBRAMANIAM KUMAR A/L SUBRAMANIAM

1. Ng Kiat Lian 2. Monica Ng O-Lan 3. Ng Swat Lan Ng Chin Siu & Sons Rubber Estates Sdn. Bhd.