4 Dec 2023
SPEC BINA DAN STRUKTOR SDN BHD BANDAR SETIA ALAM SDN BHD
- Citation
- BA-22NCvC-582-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-582-11/2018 (Mahkamah Tinggi)
The court held the cause of action accrued on the dates each LAD deduction was made (first deduction 15.05.2011; last deduction 14.08.2012); the six-year limitation period expired before the writ was filed on 21.11.2018. The documents and payment relied on by the plaintiff did not constitute an unequivocal acknowledgement of a subsisting debt under s26(2) because the email contained conflicting figures and the payment was for the final progress certificate, not a part payment of LAD. Therefore the claim was time-barred and dismissed.