Introduction

[1] This appeal involves the striking out of the plaintiff's action under O 18 r 19(1)(b), (c) and (d) of the Rules of High 1980 (RHC) on the ground that it was instituted after the limitation period stipulated by the Limitation Act 1953 (Limitation Act).

Background

[2] The pleaded case of the plaintiff is basically this. The plaintiff was engaged by the defendant to undertake certain construction works in a particular project. This appointment was in writing which we shall refer to as the "construction contract". Under this contract, a firm of engineers was appointed as the consultant. It is a term in this construction contract that the defendant would have to pay to the plaintiff within 30 days after the consultant has issued to the plaintiff an interim valuation certificate certifying the work completed and the amount due. There were