Malaysia legislation

Section 6

of *LIMITATION ACT 1953

Section 6

Limitation of actions of contract and tort and certain other actions

(a)

actions founded on a contract or on tort;

(b)

actions to enforce a recognisance;

(c)

actions to enforce an award;

(d)

actions to recover any sum recoverable by virtue of any written law other than a penalty or forfeiture or of a sum by way of penalty or forfeiture.

(2)

An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

(3)

An action upon any judgment shall not be brought after the expiration of twelve years from the date on which the judgment became enforceable and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

(4)

An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any written law shall not be brought after the expiration of one year from the date on which the cause of action accrued:

Provided that for the purpose of this subsection the expression

“penalty” shall not include a fine to which a person is liable on conviction for a criminal offence.

(5)

Nothing in this section shall apply to—

Limitation 11

(a)

any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem other than an action to recover the wages of seamen, or

(b)

any action to recover money secured by any mortgage of or charge on land or personal property.

(6)

Subject to sections 22 and 32 of this Act the provisions of this section shall apply (if necessary by analogy) to all claims for specific performance of a contract or for an injunction or for other equitable relief whether the same be founded upon any contract or tort or upon any trust or other ground in equity.

Limitation of actions to claim damages for negligence not involving personal injuries