11 Sept 2019
RAMESH A/L RAJARATNAM RAVINDRAN A/L SIVASUBRAMANIAM
- Citation
- W-02(NCC)(W)-103-01/2018 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-103-01/2018 (Mahkamah Rayuan)
The Court affirmed the High Court: the Personal Loan document was authentic and admissible; the parties evidenced an intention that repayment would be on demand so limitation ran from the oral demand in November 2009 (making the 2015 suit timely); the earlier appellate order precluding strike-out estopped the defendant from relitigating limitation and abuse issues; the refiling did not constitute abuse of process because the earlier order was not peremptory and the defendant was bound by the earlier appellate decision; therefore the appellant's challenge failed.