Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 6(3) limitation act 1953

Legal area

Court

2 Aug 2023

1. ) Aseambankers Malaysia Berhad 2. ) RHB Bank Berhad 3. ) AmBank (M) Berhad 4. ) DBS Bank Ltd, Cawangan Labuan 5. ) Alliance Merchant Bank Berhad 6. ) Malayan Banking Berhad 7. ) Malaysian Industrial Development Finance Berhad 8. ) Southe

Citation

WA-28PW-516-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-516-10/2022 (Mahkamah Tinggi)

Appeal dismissed because the judgment creditors failed to demonstrate cogent reasons under Order 46 ROC for not pursuing execution by the prescribed modes in Order 45 within six years; their deliberate strategy to pursue bankruptcy proceedings does not satisfy the requirement for fresh leave to execute and is fatal to the application, notwithstanding findings on limitation and the court's ability to grant fresh leave.
MOSCOW NORADNY BANK LTD V NGAN CHING WEN

Citation

MOSCOW NORADNY BANK LTD V NGAN CHING WEN
Court

Malaysian court

The Court held that (1) the date interest becomes due for the purposes of s.6(3) Limitation Act 1953 is the judgment date and not the date of commencement of interest stated in the judgment, and (2) acceptance by the creditor of part-payments after institution of bankruptcy proceedings does not in itself amount to an abuse of process or an accord and satisfaction where the creditor treats the payments as part-payment and intends to hand monies to the official assignee; the petition remains valid so long as the debt at hearing exceeds the statutory minimum.