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 16.05.2013 (police report) and issued notices in July 2013; the six-year limitation under s6 read with s29 expired before the writ was filed on 24.09.2019. The cooperative membership did not constitute trust property within s22 and therefore the s22 exception did not apply. The claim against Defendant 2 was time-barred and, being plainly unsustainable and an abuse of process, was struck out. Consequentially claims against Defendant 1 were also time-barred and could not be maintained. Costs RM1500 awarded.