Abdul Malik Ishak JCA:

Introduction

[1] The learned High Court judge struck out the appellant's claims founded in contract and in tort on a preliminary issue of limitation. He also held that the appellant's claims were time barred by reason that the limitation period prescribed under s 6(1)(a) of the Limitation Act 1953 runs from the date the alleged causes of action first accrued and he rejected the appellant's contention that the limitation period only runs from the date the appellant discovered the alleged causes of action in April 2004.

The Facts Of The Case

[2] The respondents, all lawyers practising with a law firm known as Messrs Aziz Hassan & Co, acted for the appellant in respect of the preparation of the loan documentation for a loan facility to be granted by the appellant for the loan sum of RM800,000 to a borrower company by the name of MYT Builders Sdn Bhd (hereinafter referred to as "the borrower"). The loan taken by the borrower was to be secured by a third party assignment, which was to be executed by the third party assignor, a company known as Faeiz Corporation Sdn Bhd (hereinafter referred to as "the assignor"), over a piece of land known as Lot 465, Mukim Hu