3 Aug 2020
MOHD BAKRI @ BAKHARI BIN HJ MOHD NOOR 1. GALERI TANI SDN BHD (NO. SYARIKAT : 356554-U) 2. ABDUL HALIM BIN AB RAHMAN (NO. K/P : 391110-03-5185) 1. GALERI TANI SDN BHD 2. ABDUL HALIM BIN AB RAHMAN 3. KETUA PENGARAH, JABATAN INSOLVENSI MALAYSI
- Citation
- D-01(IM)(NCVC)-614-10/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- D-01(IM)(NCVC)-614-10/2019 (Mahkamah Rayuan)
The Court allowed the appeal, concluding the limitation defence was properly pleaded and proved: the plaintiff had knowledge of the sale/transfer (earlier judicial finding dating to 2006 and transfer registered in 2002) and the action filed in 2018 was statute‑barred; Order 14A dismissal on technical grounds did not prevent a fresh application under Order 18 r19; accordingly the writ and statement of claim were struck out and costs awarded.