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?