Malaysia Case Law: Decisions & Judgments

Topic

Limitation period (section 6 limitation act 1953)

Legal area

Court

22 Jan 2026

IRWADI BIN IBRAHIM AZMAN BIN JA'AFAR

Citation

JA-22NCvC-93-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-93-07/2025 (Mahkamah Tinggi)

The writ and statement of claim were struck out under Order 18 Rule 19(1)(a) and cumulatively (d) because the pleaded dates show the claims are clearly time‑barred under Section 6 Limitation Act 1953, and because the claimed contract relied on an unenforceable moneylending transaction by an unlicensed lender and involved lack of privity, such that continuation would be an abuse of process.
18 Sept 2020

SU HOCK GUAN 1. AXA AFFIN GENERAL INSURANCE BERHAD 2. RHB BANK BERHAD

Citation

WA-12ANCC-29-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-29-03/2020 (Mahkamah Tinggi)

The plaintiff's cause of action against the 2nd defendant accrued on 15 June 2012 when the insurer's repudiation letter was received and disclosed the material facts; therefore the claim amended to add the 2nd defendant on 25 November 2019 was outside the six‑year limitation and Order 20 r5 does not permit relation back to circumvent the limitation, so the appeal is dismissed.
3 Oct 2019

EVA TIPPOLD (NO. PASPOT AUSTRIA : P7939320) PRAKASHN BK RAGAVAN (NO. KP : 660821-03-5731)

Citation

WA-22NCVC-352-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-352-05/2019 (Mahkamah Tinggi)

The court held the defendant's Order 18 r.19 application must be dismissed because there are genuine disputed facts and triable issues (including documentary admissions and bank transfers) making the claim not 'obviously unsustainable'; the 19.8.2011 letter constituted an acknowledgement with prospective payment terms so did not necessarily start the limitation period, subsequent communications and a 2015 demand fell within six years, and the Court of Appeal order mandating a full trial meant res judicata did not bar the present proceedings.

Malaysia Case Law

IRWADI BIN IBRAHIM AZMAN BIN JA'AFAR

SU HOCK GUAN 1. AXA AFFIN GENERAL INSURANCE BERHAD 2. RHB BANK BERHAD

EVA TIPPOLD (NO. PASPOT AUSTRIA : P7939320) PRAKASHN BK RAGAVAN (NO. KP : 660821-03-5731)