14 Oct 2021
FIBERNET COMMUNICATIONS (M) SDN BHD MYDIN MOHAMED HOLDINGS BHD
- Citation
- B52NCC-36-03-2021 FIBERNET (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- B52NCC-36-03-2021 FIBERNET (Mahkamah Sesyen)
The application to strike out was dismissed because the plaintiff demonstrated that the cause of action was freshly accrued by either a part payment (credit note dated 4.9.2015) or an express acknowledgement of outstanding invoices (email 19.8.2015) under section 26(2) Limitation Act 1953, the suit filed 17.3.2021 therefore falls within limitation, and because triable issues of fact exist so the high threshold for summary striking out under Bandar Builder was not met.