13 Mar 2018
EAGAIVALLINAYAGI AMMAL 1. CHIN MIN HUA 2. CHIN AH BAH @ CHIN MIN HENG 3. CHIN MIN HOOK
- Citation
- P-02(W)-1436-07/2017 (Mahkamah Rayuan)
- Court
- W
- Case number
- P-02(W)-1436-07/2017 (Mahkamah Rayuan)
The Court held the cause of action accrued with the defendant's breaches in 1996 (failure to deliver the Memorandum of Transfer within time) so the 12‑year limitation under Limitation Act 1953 s9(1) had expired by the time suit was filed in 2009; alternatively laches barred equitable relief because of inordinate unexplained delay that prejudiced the vendor; plaintiffs were not shown to be ready and able to perform; the 2001 notice did not alter accrual or waive the expiry. Consequently specific performance was refused, the High Court decision was set aside and the defendant's counterclaim all…