Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Limitation act 1953 (statute of limitations)

Legal area

Court

3 Aug 2020

MOHD BAKRI @ BAKHARI BIN HJ MOHD NOOR 1. GALERI TANI SDN BHD (NO. SYARIKAT : 356554-U) 2. ABDUL HALIM BIN AB RAHMAN (NO. K/P : 391110-03-5185) 1. GALERI TANI SDN BHD 2. ABDUL HALIM BIN AB RAHMAN 3. KETUA PENGARAH, JABATAN INSOLVENSI MALAYSI

Citation

D-01(IM)(NCVC)-614-10/2019 (Mahkamah Rayuan)
Court

IM
Case number

D-01(IM)(NCVC)-614-10/2019 (Mahkamah Rayuan)

The Court allowed the appeal, concluding the limitation defence was properly pleaded and proved: the plaintiff had knowledge of the sale/transfer (earlier judicial finding dating to 2006 and transfer registered in 2002) and the action filed in 2018 was statute‑barred; Order 14A dismissal on technical grounds did not prevent a fresh application under Order 18 r19; accordingly the writ and statement of claim were struck out and costs awarded.
PALMERSTON HOLDINGS SDN BHD V CHONG SIEW ENG

Citation

PALMERSTON HOLDINGS SDN BHD V CHONG SIEW ENG
Court

Malaysian court

The SPA did not grant the vendor a right to a decree of specific performance; therefore plaintiff cannot obtain specific performance. Because defendant defaulted in payments, the vendor validly annulled the SPA under clause 9(1)(a) and is entitled to apply the clause 9 distribution (including 20% forfeiture where instalments paid exceed 50% of purchase price); defendant's counterclaim was not time-barred as it was filed after plaintiff's final demand in June 2002 and within limitation periods.