Sulaiman Daud JCA

The respondent (plaintiff in the court below) is a well known and respected figure from the royal family of the State of Pahang. The appellant (defendant in the court below) is a company registered in Hong Kong and is and was at all material times a wholly owned subsidiary of the Bank of the Phillipine Islands.

On 20 August 2003 the respondent issued the present writ against the appellant claiming, inter alia, for an order that the appellant fully indemnifies the respondent for such sum which the respondent is liable to pay to the members and/or Raintree Development Bhd under the Kuala Lumpur High Court Suit No C22–204 of 1986, and/or any other loss directly or indirectly related to it.

By summons in chambers dated 15 November 2005, the appellant applied to strike out the said writ and statement of claim pursuant to O 18 r 19(1)(b) or c of the Rules of the High Court 1980(‘RHC’) on the ground that the statement of claim had set up causes of action which were barred by the Limitation Act 1953 (‘the Act’).

The striking out application was allowed by the senior assistant registrar (‘SAR’). On appeal to the judge in chambers, the learned judge allowed the appeal and rever