Lord Brightman:

This appeal from the Federal Court of Malaysia raises the question whether claimants, whose cause of action became statute barred in 1973 by virtue of the Public Authorities Protection Ordinance 1948 ("the 1948 Ordinance"), can nevertheless issue a writ in 1975 in reliance upon the Public Authorities Protection (Amendment) Act 1974 ("the 1974 Act") which substituted a limitation period of 36 months for the previous period of 12 months.

On 5 April 1972 a motor bus belonging to the respondents was being driven along a road in the State of Selangor. It collided with a motor cycle driven by the first plaintiff with the second plaintiff as pillion passenger. Both were injured.

The respondents are a statutory body and the accident occurred during the course of the respondents' public duties. Consequently the plaintiffs' cause of action was liable to become statute barred on 5 April 1973 pursuant to the 1948 Ordinance, s. 2 of which reads as follows:

2. Where, after the coming into force of this Ordinance, any suit, action, prosecution or other proceeding is commenced in the Federation against any person for any act done in pursuance or execution or intended execu