Section 6A — LIMITATION ACT 1953

(2)

An action to which this section applies shall not be brought after the expiration of three years from the starting date if the period of three years expires later than the period of limitation prescribed in subsection 6(1).

ILLUSTRATIONS

(a)

C bought a house from D in 2000. In 2010, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2010 to file an action in court against D for damages.

(b)

C bought a house from D in 2000. In 2006, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2006 to file an action in court against D for damages.

12 Laws of Malaysia ACT 254

(c)

C bought a house from D in 2000. In 2005, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2005 to file an action in court against D for damages.

(3)

Notwithstanding subsection (2), no action shall be brought after the expiration of fifteen years from the date on which the cause of action accrued.

ILLUSTRATION

C bought a house from D in 2000. In 2017, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2001, one year after C moved into the house.

C cannot commence an action because he has already exceeded the fifteen-year limitation period.

(4)

For the purposes of this section—

(a)

“starting date” means the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such action;

(b)

“knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge of—

(i)

the material facts about the damage in respect of which damages are claimed;

(ii)

other facts relevant to the current action:

(A)

that the damage was attributable in whole or in part to that act or omission which is alleged to constitute negligence;

(B)

the identity of the defendant; and

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(C)

if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant, and

(iii)

includes the knowledge which the plaintiff or any person in whom the cause of action was vested before him might reasonably have been expected to acquire—

(A)

from facts observable or ascertainable by him; or

(B)

from facts ascertainable by him with the help of appropriate expert advice which is reasonable for him to seek, but the plaintiff or the person in whom the cause of action was vested before him shall not be limited under this subparagraph to knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain and, where appropriate, to act on that advice.

(5)

Knowledge that any act or omission did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (4).

Limitation in case of successive conversions and extinction of title of owner of converted goods