17 Nov 2023
PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) ROSNI BINTI ZAHARI 2. ) FRANCIS TAN JENG LOK 3. ) WAN SALINA BT WAN ISMAIL 4. ) HO WENG SENG
- Citation
- CB-A72NCvC-4-01/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CB-A72NCvC-4-01/2022 (Mahkamah Majistret)
The court held the Plaintiff's cause of action accrued on 29 July 2009 when the High Court reduced the award by RM41,000; the Plaintiff did not commence proceedings within the six‑year limitation period so the claim is time‑barred. Further, once the appeal was struck out on 27 March 2009 there was no active appeal and the stakeholding terms ceased to operate; the Defendants lawfully released the 30% to their clients and were not holding the monies as trustees for the Plaintiff.