Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Administrator liability

Legal area

Court

18 Nov 2025

WONG JIN JING PUAN SRI DATIN ONG KAI WOY (Pentadbir Harta Pesaka Tan Sri Dato' Lim Bah menurut Perintah Surat Kuasa Mentadbir bertarikh 11-02-2022)

Citation

JB-22NCC-4-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCC-4-06/2025 (Mahkamah Tinggi)

Claims for repayment of friendly loans accrued on their respective dates of disbursement and therefore the six‑year limitation ran from each loan date; sections 19, 23 and 24 of the Limitation Act 1953 do not extend or suspend limitation for a creditor’s contractual claim against an estate, and absence of a grant does not suspend limitation; accordingly the plaintiff's claims were time‑barred and the strike‑out application succeeds.
27 Aug 2024

CHEW KOK WAH 1. ) MUHAMMAD ZAIREE IZWAN BIN ZAHIR 2. ) NUR ZAIREEN NADIRAH BINTI ZAHIR 3. ) MAZLINA BINTI CHE OMAR

Citation

KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)

Plaintiff failed to prove the RM200,000 was a personal loan of the deceased: evidence showed funds were paid into business accounts and cheques issued by a business entity, no written agreement existed and documentary evidence was only treated as ID; therefore administrators are not liable and the plaintiff's claim is dismissed.