14 Sept 2021
Shue Chuan Trading Sdn Bhd Golden Approach Sdn Bhd
- Citation
- BA-12ANCC-38-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCC-38-05/2021 (Mahkamah Tinggi)
The High Court held the third party claims are founded on breach of the two SPAs and the cause of action accrued on the developer's failure to deliver vacant possession on 25.10.1998; the six-year limitation under s6(1) expired long before the third party notice in 2020. The pleadings did not sufficiently establish trust or particularized fraud to displace or postpone limitation, therefore the Sessions Court's order striking out the third party claim was affirmed and the appeal dismissed.