The statutes prescribing limitation periods are :
-Limitation Act 1953 ( only applicable in Penisular Malaysia) -Civil Law Act 1956 -Public Authorities Protection Act 1948 - for civil suit brought against the government of Malaysia The purpose of limitation periods are : -to avoid from being barred of any filling of the action in court due to the action being statute barred/ time barred or limitation period has set in -providing fixed time period for the matter to be filled in court. -not to put the defendant at disadvantages / being prejudiced as: *the witness may be dead *the documents may go missing What is a cause of action?
Letang v Cooper -it means that a factual situations happens. -The existence of factual situations permits one person to obtain remedy to another person in court. Government of Malaysia v Lim Kit Siang -Causes of action is a statement of facts. -The statements of facts alleging the plaintiff's rights has been adversely affected and prejudiced. by the defendant. -The plaintiff's rights derives from the case law and statutes. Lim Kean v Choo Koon -The cause of action accrues / files in court when -there is a plaintiff ( the person who sue) -there is a defendant ( the person who can be sued) -the material facts which if proven entitled the plaintiff to sue. If action filed has no cause of action defendant's consider: -order18 rules 19(1) of the Rules of Court 2012 to strike out the action due to lack of cause of action. |
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