Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Time bar / limitation

Legal area

Court

29 Jun 2022

TOH CHENG SENG COUNTRY GARDEN DANGA BAY SDN. BHD.

Citation

JA-A72NCvC-69-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-69-01/2022 (Mahkamah Majistret)

The court struck out and set aside the writ and statement of claim because the plaintiffs' LAD claims were time-barred under the Limitation Act 1953 as interpreted by the more recent appellate authority relied upon (Obata Ombak), meaning the cause of action accrued at the relevant earlier date and the claims exceeded the statutory limitation period; procedural irregularities in affidavits did not prejudice the defendant but did not salvage a substantively time-barred cause of action.
1 Jan 1900

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Citation

KA-21NCVC02-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCVC02-03/2019 (Mahkamah Tinggi)

The Court held the cause of action in negligence accrued on 12 October 2015 when the Court of Appeal grounds were made available; the Court of Appeal had found the 1st Defendant acted ultra vires the National Land Code so s.2 of the Public Authorities Protection Act 1948 did not apply; accordingly the Plaintiff’s claim was within statutory limitation and the pleading disclosed a reasonable and triable cause of action and was not plainly or obviously unsustainable, so the striking out application was dismissed.