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Cases

JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ
[Civil Appeal No: 02(f)-63-10-2021(P)]
19 April 2024
[2024] 4 MLRA 131

JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] The appellants, husband and wife, sued their lawyers for professional negligence and negligent misstatement relating to the preparation of a Sales and Purchase Agreement in 2004. The suit was filed in 2015. The claim was allowed by the High Court after a full trial. The decision was, however, set aside on appeal because the claim was held to be time-barred under the Limitation Act of 1953 [Act 254]. The High Court did not deal with this issue, although it was pleaded and submitted on by the parties.

[2] Leave was granted on the following two questions of law to be determined by this Court; both questions concern the issue of limitation:

First Question

In a tortious claim arising from a negligently prepared agreement, does the time-period for limitation begin to run from the date of the impugned agreement; or does time begin to run from the date of an infringement or threat of infringement of the claimant's right caused by the impugned agreement?

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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