LIMITATION PERIOD

 Introduction
 General Rule
 Rational or objective
 Implication
 Limitation Act 1953
 Limitation Act due to covid-19
 Introduction
 Statutory limitation for bringing actions in
court
 Time limits to enforce a claim in court
 Main Act – Limitations Act 1953
 General Rule
 The plaintiff must bring any action in court
within the stipulated time as specified by
any statutory provisions
 (The plaintiff must make sure that his claim
is within the limitation period imposed by
statute)
 Rational
 To discourage plaintiffs from sleeping on
their rights and
 To provide an end to litigation
 If too long, evidence may fade or lost
 Implication
 If an action is brought outside the limitation
period, the defendant may plead that the
action is statutory barred. Court if satisfied
may dismiss the plaintiff’s action on this
ground
 Limitation Act 1953
 General application to limitation period for
action founded on contract, tort, certain
land matters, etc.
 If there is a specific Act governs the action
then that Act or statute will prevail, for
example action against public authorities,
the Public Authorities and Protection Act
1948 will apply.
 Sec 3 of LA 1953
 “ This Act shall not apply to any action or
arbitration for which a period of limitation
is prescribed by any other written law or to
any action or arbitration to which the
Government or the Government of any
State is a party and for which it it were
between subjects a period of limitation
would have been prescribed by any other
written law.
 Gist of Sec 3
 LA 1953 shall not apply to any action:

i) if there is a specific Act governing the

matter,
ii) If a party is a government or state
government .
 Limitation as defence
 Sec 4 LA 1953
 “ Nothing in this Act shall operate as a bar
to an action unless this Act has been
expressly pleaded as a defence thereto in
any case where under any written law
relating to civil procedure for the time being
in force such a defence is required to be so
pleaded.”
 Sec 4 LA 1953

 If the defendant wants to rely on statutory

limitation as defence, the defendant must
plead i.e. clearly state in the statement of
defence that he is relying on the LA 1953.
 O.18 r 8 of the ROC
 o.18 r.8 ROC
 A party must in any pleading subsequent to
a statement of claim plead specifically any
matter, for example, performance, release,
any relevant statute of limitation, fraud or
any fact showing illegality which he alleges
makes any claim or defence of the opposite
party not maintainable….
 When does limitation period
starts to run?
 General Rule:
 It runs from the date when the cause of

action arose.
 Authority:
 Anns v London Borough of Merton

[1978] AC 728
 Time limit for Contract & Tort
 Sec 6 (1) of LA 1953
 “Save as hereinafter provided the following
actions shall not be brought after the
expiration of six years from the date on
which the cause of action accrued, that is to
say –
 a) actions founded on a contract or on
tort…”
 Time limit for Contract & Tort
 Six years from the date when the cause of
action accrues.
 Therefore the action must be filed within 6
years from the date when the cause of
action accrues.
 New Section 6A
 “Limitation of actions to claim damages for
negligence not involving personal injuries”
 6A (1)
 Notwithstanding subsection 6(1), this section shall apply to
any action for damages for negligence not involving
personal injuries, where the starting date for calculating
the period of limitation under (2) falls after the date on
which cause of action accrued .
 ..new section 6A
 6A (2)
 An action to which this section applies shall
not be brought after the expiration of three
years from the starting date if the three
years expires later than the period of
limitation prescribed in subsection 6(1)
 …new section 6A
 Illustrations
 a) C bought a house from D in 2000. In 2010, C
discovered a crack which damaged the walls
badly. A building report made by a consultant
revealed that the cracks had occurred in 2002, two
years after C moved into the house. C has three
years from 2010 to file an action in court against
D for damages
 …new Section 6A
 b) C bought a house from D in 2000. In
2006,C discovered a crack which damaged
the walls badly. A building report made by
the consultant revealed that the cracks had
occurred in 2002, two years after C moved
into the house. C has three years from 2006
to file an action in court against D for
damages
 …new section 6A
 C) C bought a house from D in 2000. in
2005, C discovered a crack which damaged
the walls badly. A building report made by a
consultant revealed that the cracks had
occurred in 2002, two years after C moved
into the house. C has three years from 2005
to file an action against D for damages
 …new section 6A
 6A(3)
 Notwithstanding subsection (2), no action
shall be brought after the expiration of
fifteen years from the date on which the
cause of action accrued
 …new section 6A
 Illustration
 C bought a house from D in 2000. In 2017,
C discovered a crack which damaged the
walls badly. A building report made by a
consultant revealed that the cracks had
occurred in 2001, one year after C moved
into the house. C cannot commence an
action because he has already exceeded the
fifteen year limitation period
Limitation of action to recover
land
 Sec 9 (1) LA 1953
 “ No action shall be brought by any person
to recover any land after the expiration of
twelve years from the date on which the
right of action accrued to him, or if it first
accrued to some person through whom he
claims, to that person.”
 Limitation of actions to
recover rent
 Sec 20 of LA 1953
 “ No action shall be brought, or distress
made, to recover arrears of rent, or damages
in respect thereof, after the expiration of six
years from the date on which the arrears
became due.”
Action to recover money secured by
a mortgage, charge or to recover
proceeds of the sale of land

 Section 21(1) LA 1953

 “…..after the expiration of twelve years
from the date when the right to receive the
money accrued.
 Foreclosure Action
 Sec 21 (2) LA 1953
 “ No foreclosure action in respect of
mortgaged personal property shall be
brought after the expiration of twelve years
from the date on which the right to
foreclosed accrued.”
 Proviso
Limitation of action in respect
of trust property
 Sec 22 LA 1953
 (1) No period of limitation prescribed by this Act
shall apply to an action by a beneficiary under a
trust being an action :
 a) in respect of any fraud or fraudulent breach of
trust to which the trustee was a party or privy; or
 To recover from the trustee trust property or the
proceeds thereof in the possession of the trustee,
or previously received by the trustee and
converted to his use.
(fraudulent breach of trust or recovery of trust
property-no limitation period)
 Sec 22 (2) LA 1953
 Action by beneficiary to recover trust
property other than the actions mentioned
under Sec 22 (1), the limitation period is
within six years from the date when the
right of action accrued.
(other breaches of trust-6 years from the
date on which the right of action accrued)
Extension of limitation in case
of Disability
 Section 24 LA 1953
 (1) If on the date when any right of action accrued
for which a period of limitation is prescribed by
this act, the person to whom it accrued was under
a disability, the action may be brought at any time
before the expiration of six years, or in the case of
actions to which sec 6(4) or section 8 of this Act
applied, one year from the date when such person
ceased to be under a disability or died, whichever
event first occurred, notwithstanding that the
period of limitation had expired.(see also the
Proviso)
 Extension……
 Anytime before the expiration of 6 years
when such person ceased to be under
disability notwithstanding the period of
limitation has expired
 Person under Disability
 Order 76 of the ROC
 Refers to a minor and patient (mentally
disturbed person) under the Mental Health
Act 2001.
 New Section 24A
 “Extension of limitation period under
section 6A in case of disability’
 24A (1)
 If on the date when any right of action accrued for which
a period of limitation is prescribed under section 6A, the
person to whom it accrued was under a disability, the
action may be brought at any time before the expiration of
three years from the date when such person ceased to be
under a disability or died, whichever first occurred,
notwithstanding that the period of limitation had expired.
 …new section 24A
 Illustration
 In 1987, D constructs a building in such a way
that he is liable in the tort of negligence to P, the
owner. Actual damage occurs triggering the cause
of action in 1988. The damage becomes
discoverable in 1992, but in 1989 P becomes
mentally incapable, and does not regain his
capacity until 1993. P has three years from 1993 to
file an action in court against D for damages
 …new section 24A
 24A (2)
 An action may not be recoverable by virtue
of subsection(1) after the end of limitation
period prescribed under subsection 6A (3)
 …new section 24A
 Illustration
 In 1987, D constructs a building in such a way that
he is liable in the tort of negligence to P, the
owner. Actual damage occurs, triggering the cause
of action, in 1988. The damage becomes
discoverable in 1992, but in 1989 P becomes
mentally incapable, and does not regain his
capacity until 2004. P cannot commences an
action because the fifteen year period has been
exceeded
 Fresh Accrual of Action on
Acknowledgement or part
payment
 Even though the time limits for the action has
expired, if there is acknowledgement from the
other parties as regard for example his debt or title
to ownership, the action is revived.
 Section 26 (1) & (2) of LA 1953
 The right shall be deemed to have accrued on and
not before the date of the acknowledgment or last
payment.
 The acknowledgment must be in writing and
signed by the person making the
acknowledgement.( Sec 27 LA 1953)
 Postponement of limitation in
case of fraud or mistake
 Sec 29 of the LA 1953
 The period of limitation shall not begin to
run until the plaintiff has discovered the
fraud or the mistake
 Credit Corporation (M) Bhd v Fong Tak Sin
[1991] 1 MLJ 409 (Mistake)
 Lim Yoke Kong v Siva Piran a/l Sabapaty
[1992] 2 MLJ 571 (fraud)
 Action against public bodies
 S2 Public Authorities Protection Act 1948
-where any action is brought against the
public bodies it must be brought within
36 months.
 Dependency Claim
 S.7(5) Civil Law Act 1956
-within 3 years from the death of the
deceased
 Estate of the deceased
persons
 S.8(3) Civil Law Act 1956
‘No proceedings shall be maintainable in respect
of a cause of action in tort which by virtue of this
section has survived against the estate of a
deceased person, unless proceedings against him
in respect of that cause of action either:
a) maintainable pending at the date of his death;
b) are taken not later than six months after his
personal representative took out representation
 Extended?
Court has no power to extend the limitation
period
 Lee Lee Cheng v. Seow Peng Kwang
(1960) MLJ 1