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2021 MarsdenLR 1019

HIGH COURT MALAYA PENANG
IMDADURRAHMAN HITHAYATULLAH – Appellant
Versus
PEARL MATERNITY HOSPITAL SDN BHD & ANOR – Respondent


Petitioner Advocates:P S Ranjan ,Respondent Advocate: Murgan D Maniam,Yep Thu Shang

JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] On 11 January 2021, I dismissed the defendants' application dated 3 July 2020 to strike out the amended writ and amended statement of claim dated 24 June 2019 under O 18 r 19(1)(a) and/or (b) and/or (d) of the Rules of 2012 (enclosure 25). The application was premised on the sole ground that the action was barred by s 6(1)(a) of the Limitation Act 1953 ("the Act").

[2] The important issue that arose for consideration in this judgment is whether s 24(1) of the Act extends the limitation period stated in s 6(1)(a) in respect of a person under disability to the time such person ceases to be under the disability or dies.

[3] The starting point would be s 6(1)(a) which is couched in mandatory terms and provides as follows:

Save as hereinafter provided the following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued, that is to say -

(a) actions founded on a contract or on tort;

(b)...

[4] It is pertinent to note that the opening words of s 6(1) i.e. "save as hereinafter provided" clearly indicates that there are provisions that have been enacted further below in the Act that


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