Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Time bar/statute of limitations

Legal area

Court

21 May 2025

1. ) RAGUNATH A/L MOHUN 2. ) PARVATI A/P PERUMAL PERBADANAN TABUNG PEMBANGUNAN KEMAHIRAN (PTPK)

Citation

BA-11ANCC-1-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-11ANCC-1-02/2025 (Mahkamah Tinggi)

The High Court affirmed the Magistrate: documentary evidence and parties' conduct established disbursement; there were no bona fide triable issues; the cause of action for accelerated repayment accrued on 14-4-2023 when the lender gave notice of recall, rendering the 30-5-2024 action within limitation; and the respondent's interest and administrative fee calculations were not shown to be erroneous, justifying summary judgment.
12 Jan 2022

JA-25-40-12/2020 (Mahkamah Tinggi)

Citation

JA-25-40-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-40-12/2020 (Mahkamah Tinggi)

The High Court dismissed the judicial review because the Respondent acted within statutory powers: s.91(3) applied due to the Applicant's negligence so the Disputed Notices were not time-barred; RPGT clearance did not bar reassessment under the Income Tax Act; absence of detailed reasons did not amount to a breach warranting judicial intervention; the correct forum for contested factual issues and penalty assessments is the SCIT and the Applicant must exhaust that alternative remedy; and the penalty imposed was within the Respondent's discretion under s.113(2).