27 Aug 2021
SJ securities Sdn Bhd [No Sykt: 141671-T] Eureka Fountain Sdn Bhd [No. Sykt: 470322-H]
- Citation
- 22NCVC143-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC143-05/2020 (Mahkamah Tinggi)
The plaintiff was held to have constructive means to discover the alleged fraud well before 2015 and failed to exercise reasonable diligence (notably no land search from 2005); therefore section 29 does not postpone limitation and the claim was time‑barred. The defendant's affidavit did not constitute an unequivocal acknowledgment of a subsisting debt to create a fresh accrual under section 26(2). Accordingly the claim was plainly unsustainable and struck out.