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SESSIONS COURT SHAH ALAM
YAP SHIN YEE – Appellant
Versus
NG TIONG SIN & ANOR (ENCL 8) – Respondent
[Summons No: BA-B53KJ-62-12/2022]
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date]
The Registrar [Name of the Court] [Address of the Court] [City, State, ZIP Code]
Re: Appeal against the decision in [Case Name/Number]
Dear Sir/Madam,
I am writing to formally lodge an appeal against the decision rendered in the above-mentioned case. The grounds for this appeal are based on the interpretation and application of the relevant statutory limitation periods, specifically concerning the provisions of the Civil Law Act 1956 and the Limitation Act 1953.
The primary issue in this matter pertains to the Court’s ruling on the applicability of the limitation period stipulated in Section 7(5) of the Civil Law Act 1956. It is my contention that the Court erred in its interpretation, as the limitation period prescribed therein is absolute and does not permit extensions under Section 24 of the Limitation Act 1953, even in cases involving minors or persons under disability (!) (!) .
Furthermore, the Court’s emphasis on the mandatory nature of this specific limitation period and its refusal to consider other statutory provisions or procedural remedies available for minors or persons under disability was incorrect. The Court failed to recognize that the operation of the limitation period is a matter of strict statutory compliance and that failure to adhere to it results in the claim being time-barred, regardless of the claimant’s minor status, unless other procedural options provided by the Rules of Court are properly utilized (!) .
In light of these considerations, I respectfully request that the Court review its decision and consider the correct legal interpretation of the limitation periods as outlined above. I believe that a proper understanding and application of these provisions will support the allowance of the claim and ensure justice is served in accordance with the law.
Thank you for your attention to this matter. I look forward to your favorable consideration of this appeal.
Yours faithfully,
[Your Name] [Your Signature, if submitting a hard copy]
| Table of Content |
|---|
| 1. claims filed after the limitation period are barred. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. statutory provisions relevant to limitation period. (Para 12) |
| 3. arguments regarding applicability of limitation provisions. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 28 , 29 , 31 , 32 , 35 , 40 , 41 , 42 , 43 , 44 , 45 , 47 , 48 , 49) |
| 4. court's interpretation of statutory provisions. (Para 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 64 , 70 , 72) |
| 5. plaintiff's claim is time-barred. (Para 74 , 76 , 77) |
(Enclosure 8 - Application Under Order 18 Rule 19(b) And/Or (C) And/Or (D) Of The Rules Of Court 2012)
A. Introduction
[1] The Defendants by encl 8 seeks an order of the Court that the Writ and Statement of Claim dated 23 December 2022 to be struck off under O 18 r 19(b) and/or (c) and/or (d) of the Rules of Court 2012, on the ground that the claim was barred by limitation under s 7(5) of the Civil Law Act 1956 . The Plaintiff refutes the contention and argues that by operation of s 24 of the Limitation Act 1953 , the limitation period in is extended or postponed in view to the fact that the Plaintiff is a minor or a person under disability.
[2] The relevant cause papers in this Application are:
(i) The Writ and Statement of Claim dated 23 December 2023 (Encl 1 and 2).
(ii) The Defendants' Notice of Application dated 30 January 2023 (Encl 8).
(iii) The Defendants' Affidavit in Support affirmed by Vimalan A/L Karupayah dated 26 January 2023 (Encl 9).
(iv) The Plaintiffs Affidavit in Reply affirmed by Md Sofie bin Teguh dated 3 February 2022 (Enclo 10).
(v) The Defendant's Further Affidavit affirmed by Vimalan A/L Karupayah dated 21 February 2023 (Encl 11).
B. The Brief Facts
[3] This Action is emanated from a road accident on 29 January 2019 involving motorcar No WMY 9161 which, at the material time, was driven by the 1st Defendant and owned by the 2nd Defendant. The deceased ie Sharnia Zee Alexander was the passenger of the said motorcar. As a result of the accident, "the Deceased" succumbed to her injuries on the date of the accident.
[4] Hence, a suit was initiated by the dependent of the deceased through a litigation representative for the claim under s 7 of the Civil Law Act 1956 vide suit No BA-A53KJ-506-08/2020 [Suit 506]. However, the said suit was later withdrawn on 8 October 2021.
[5] Subsequent thereto, on 8 December 2022, the Plaintiff solicitors ie M/s G Dorai & Co proceeded to file an application to reinstate Suit 506 with a certificate of urgency. The Defendant had filed an affidavit in reply on 27 December 2022 to oppose the said application. However, the Plaintiff solicitors filed a notice of discontinuance on 22 December 2022.
[6] Thereafter, the Plaintiff being the daughter of the Deceased instituted the present suit against the Defendants on 23 December 2022 for loss of dependency, bereavement, and other special damages against the Defendants for tort of negligence.
[7] This action was filed on 23 December 2022 ie more than 3 years after the deceased had died. The deceased died on 29 January 2019 and the 3 years limitation expires on 28 January 2022.
[8] At the time of the filing of this Action, the Plaintiff was 11 years old and therefore, a minor. This is substantiated by her birth certificate exhibited as SF-1 in the Plaintiff's 1st Affidavit.
[9] As such, the Plaintiff's claim made pursuant to s 7(5) of the Civil Law Act 1956 is filed after the expiry of the time stipulated in .
[10] The Defendants thereupon filed this Application in encl 8 to strike out the Plaintiff claim on the ground that the claim was barred by limitation under s 7(5) of the Civil Law Act 1956 as it was filed more than 3 years after the death of the Deceased.
[11] The Defendants also raised a preliminary issue on the capacity of the Plaintiff's solicitor to depose an affidavit on behalf of the Minor Plaintiff.
C. The Statutory Provisions
[12] Relevant statutory provisions in this Application are set out as fo
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