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2019 MarsdenLR 3302
HIGH COURT MALAYA SHAH ALAM
MALAYAN BANKING BERHAD – Appellant
Versus
PERBADANAN KEMAJUAN NEGERI SELANGOR & ANOR – Respondent
[Civil Appeal No: 12B-182-11-2017]
Petitioner Advocates:Gan Siew Guat,Shanty Koshy,Faten Ellyani ,Respondent Advocate: Saladin Mohd Yasin
The Limitation Act's provisions regarding fraud and negligence establish when a cause of action accrues.
Headnote:The Court analyzed the applicability of the Limitation Act 1953, particularly s 6 regarding limitation periods for claims stemming from fraud or mistake. The appellant's claim was dismissed in the lower court, but it was established that the action was timely as it arose after the plaintiff learned of fraudulent transfers. The key finding was that the trial court erred in applying estoppel and failing to recognize the breach of a Letter of Undertaking by the defendants, thus leading to the dismissal of the plaintiff's claim. The verdict reversed the lower court's decision, allowing the appeal with costs.
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| 1. appellant's claim pursuant to the sale and purchase agreement. (Para 1) |
[1] The appellant bank, Malayan Banking Berhad ('MBB') as the plaintiff in the court below commenced on action against the 1st and 2nd respondents ('1st and 2nd defendants') which was dismissed by the learned Sessions court Judge ('LSCJ') after a full trial. Hence, the instant appeal by MBB.
