19 Oct 2020
MOHD KHAIRULDI BIN AB HALIM 1. ) WONG YUEN KWONG Yang Berniaga Di Bawah Nama Dan Gaya Soon Yip Used Car Trading 2. ) KOH YIM HAN Yang Berniaga Di Bawah Nama Dan Gaya Soon Yip Used Car Trading
- Citation
- WA-12AM-5-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12AM-5-06/2020 (Mahkamah Tinggi)
The court held the appellant's cause of action accrued on 18.10.2012 when the vehicle was seized and his right to use it was infringed; the appellant did not plead fraud with particulars against the respondents so s29 Limitation Act 1953 did not postpone limitation; the third‑party claim was therefore statute‑barred and plainly unsustainable and was properly struck out under Order 18 r.19 Rules of Court; appeal dismissed with costs.