21 Jul 2020
Tenaga Nasional Berhad Choong Liang Construction Sdn Bhd
- Citation
- WA-11ANCVC-200-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11ANCVC-200-12/2019 (Mahkamah Tinggi)
Because the claim is a statutory recovery under s.38 ESA and loss occurred over a period, the cause of action accrues day-to-day from the commencement of loss (1.3.2009) to discovery (11.2.2014); only the portion older than six years is time-barred so striking out the entire claim was wrong and the appeal is allowed.