6 Oct 2021
CRESTRONICS (M) SDN BHD (No. Syarikat: 390939-T) PANASONIC MANUFACTURING MALAYSIA BERHAD (No. Syarikat: 6100-K)
- Citation
- WA-24NCvC-9-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-9-01/2021 (Mahkamah Tinggi)
The court held the plaintiff's cause of action against the defendant (for indemnity/recovery of sales tax and import duties) accrued on 19.12.2014 when Customs issued demand notices; the originating summons was filed on 18.12.2020 without any supporting affidavit and the supporting affidavit was only filed on 05.01.2021, after the six-year limitation under s6 Limitation Act 1953 had expired, rendering the originating process defective and the claim time-barred; accordingly the defendant's Order 18 r19 application succeeded and the originating summons was dismissed without leave to refile.