4 Jul 2022
OVERSEAS INDUSTRIES SDN. BHD. 1. ) FORTITUDE ASSET MANAGEMENT SDN BHD 2. ) MUHAMMAD ADIB BIN ARIFFIN 3. ) Amanah Raya Berhad
- Citation
- WA-22NCC-260-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-260-07/2018 (Mahkamah Tinggi)
Claims in contract and tort were time barred because the cause of action accrued on 20.5.2012 when the deductions were made; limitation began then and the six-year period expired before filing. However, Plaintiff's pleaded claims of fraud/fraudulent breach of trust fell within s22(1) Limitation Act and were not time barred. On the evidence Fortitude and Adib acted dishonestly in making unauthorized deductions and were therefore jointly and severally liable for USD 1,303,126.31 with interest and costs; ARB was not a party to the fraud and is not liable.