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
-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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