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  • Law602-Tutorial Question 3

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    Aiman Lazman
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    L wishes to sue the government of Malaysia and N as M's executor for damages from injuries sustained in an ambulance accident in 2014 that killed K and M. L's proposed claims may be barred by limitation periods under Malaysian law. For personal injury claims, the limitation period is 6 years from the date the cause of action arose, which would be the date of the accident in 2014. While some argue limitation periods should run from damage discovery, Malaysian courts have held the 6-year period is an absolute bar starting from accrual, not discovery of damage. Therefore, L's claims filed after 6 years may be out of time and barred unless a court is willing to extend the limitation period, which they generally do not have power to do

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    just for reference ok

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    LAW602-TUTORIAL QUESTION 3

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    L wishes to sue the government of Malaysia and N as M's executor for damages from injuries sustained in an ambulance accident in 2014 that killed K and M. L's proposed claims may be barred by limitation periods under Malaysian law. For personal injury claims, the limitation period is 6 years from the date the cause of action arose, which would be the date of the accident in 2014. While some argue limitation periods should run from damage discovery, Malaysian courts have held the 6-year period is an absolute bar starting from accrual, not discovery of damage. Therefore, L's claims filed after 6 years may be out of time and barred unless a court is willing to extend the limitation period, which they generally do not have power to do

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    55 views2 pages

    Law602-Tutorial Question 3

    Uploaded by

    Aiman Lazman
    L wishes to sue the government of Malaysia and N as M's executor for damages from injuries sustained in an ambulance accident in 2014 that killed K and M. L's proposed claims may be barred by limitation periods under Malaysian law. For personal injury claims, the limitation period is 6 years from the date the cause of action arose, which would be the date of the accident in 2014. While some argue limitation periods should run from damage discovery, Malaysian courts have held the 6-year period is an absolute bar starting from accrual, not discovery of damage. Therefore, L's claims filed after 6 years may be out of time and barred unless a court is willing to extend the limitation period, which they generally do not have power to do

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    of 2

    4.

    2 Limitation Period

    1. In June 2014, K and his son L, were traveling in a Government ambulance when the ambulance
    collided driven by M. K, L and M suffered severe injuries in the accident. K and M died as a
    result of their injuries in October 2014. L was a minor at the time of the accident. He was born in
    2000. To date L has not commenced any legal action in respect of his injuries or K's death.
    M's executor, N extracted a Grant of Probate in respect of M's estate in May 2018. L now wishes
    to sue.
    (i) the government of M'sia and
    (ii)N as M's executor.
    He wishes to claim damages for his personal injuries and also damages suffered by him in
    respect of K's death
    Are L's proposed claims barred by limitation? Give reasons for your advice.
    Would your answer be different if K and L were traveling in a bus owned by Syarikat Bas
    Selamat (here in after referred to a 'the company') and L wishes to sue the company.

    The issue is whether L could sue the government of Malaysia. (be more specific me thinks)
    Section 7(1) of Civil Law Act states that...
    Section 7(2) of Civil Law Act states that (who you can sue)

    Cause of action is a situation in which an action or claim could be brought up to the court. In the
    case of Cooke v Gill, cause of action is defined as ‘every fact which is material to be proved to
    entitle the plaintiff to succeed. After a cause of action has accrued, the case must be brought
    within the limitation period. Limitation period is imposed under Section 6(1)(a) of the
    Limitation Act 1953 which states that an action shall be brought before the expiration of 6 years
    from the date the cause of action arose which is based on the general rule would be on the date of
    the breach.

    In the case of Ambank (M) Bhd v Abdul Aziz Hassan & Ors, it was argued that the limitation
    period for tort should start to run when damage has been discovered. However, the Court of
    Appeal disagreed and held that Section 6(1) of the Limitation Act 1953 is an absolute bar and
    courts do not have power to extend the limitation period. Thus it is decided that the duration of 6
    years must be upon accrual, not the discovery of the damage.

    © Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
    Fakulti Undang-Undang, UiTM
    M/Pelajaran : Civil Procedure I Tarikh Kuatkuasa : 1hb. September 2020
    Kod : LAW602 No Keluaran : 1
    Bahagian : 07 Muka Surat :
    4.2 Limitation Period

    However,

    © Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
    Fakulti Undang-Undang, UiTM
    M/Pelajaran : Civil Procedure I Tarikh Kuatkuasa : 1hb. September 2020
    Kod : LAW602 No Keluaran : 1
    Bahagian : 07 Muka Surat :

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