Chapter 2: Cause of Action Summary

A cause of action normally accrues when there is in existence a person who

can sue and another who can be sued, and when all the facts have happened
which are material to be proved to entitle the plaintiff to succeed (Lim Kean v
Choo Koon).

 A cause of action thus refers to the aggregate of "every fact that is

material to be proved to entitle the plaintiff to succeed" (Cooke v Gill).
 This definition was approved by the Court of Appeal in Read v. Brown in
which Lord Esher M.R. in his grounds of judgment said that it included
every fact which it would be necessary for plaintiff to prove, if traversed,
in order to support his right to the judgment of the court."
 In Government of Malaysia v Lim Kit Siang, the Supreme Court defined
'cause of action' as 'a statement of facts alleging that a plaintiff's right,
either at law or by statute, has in some way or other been affected by
the act of the defendant.'
 A cause of action therefore underlies every civil action that has any
prospect of success. The cause of action must be complete before the
writ or summons is issued and not afterwards; Simetech v Yeoh Cheng
Liam Construction."