Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Limitation and governmental immunity
  • 16 Apr 2024

    Kerajaan Malaysia XXXX

    Citation
    AA-21NCVC-6-05/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-21NCVC-6-05/2016 (Mahkamah Tinggi)

    The court granted leave because the plaintiff satisfied Order 46 r.3 by filing an affidavit identifying the judgment and amounts and explaining delay (negotiations, installment arrangement, awaiting tax appeal), the debt is a recoverable tax liability under the Income Tax Act, s.33 Limitation Act excludes Government tax recovery from time bar, and refusal would prejudice the Government while defendants remained unresponsive.