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Cases

BONGSOR BINA SDN BHD v. SH BUILDERS & MARKETING SDN BHD
Court Of Appeal, Putrajaya
Hanipah Farikullah, Che Mohd Ruzima Ghazali, Azizul Azmi Adnan JJCA
[Civil Appeal No: W-02(C)(A)-2315-12/2022]
10 May 2024
[2024] 4 MLRA 763

JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] The sole issue to be determined in this appeal is whether, when an action filed in court is stayed under s 10 of the Arbitration Act 2005 (AA 2005) for the disputes to be referred to arbitration, the computation of limitation period stop at the time when the action is filed in court or ceases when the notice of arbitration is served thereafter?

[2] The issue arose from an action filed by SH Builders & Marketing Sdn Bhd (plaintiff/respondent) against Bongsor Bina Sdn Bhd (defendant/ appellant) at Kuala Lumpur Sessions Court via suit No WA-B52(NCvC)-350-08/2019 (the KLSC suit 350). It is an undisputed fact that the cause action was still within the limitation period when the KLSC suit 350 was filed in court, but limitation had set in when the notice of arbitration was served after the court action has been stayed.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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