Malaysia legislation
Section 3
Section 3
The principal Act is amended by inserting after section 24
the following section:
“Extension of limitation period under section 6a in case of disability 24a. (1) If on the date when any right of action accrued for which a period of limitation is prescribed under section 6a, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of three years from the date when such person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired.
(2)
An action may not be brought by virtue of subsection (1)
after the end of limitation period prescribed under subsection 6a(3).
ILLUSTRATIONS
(a)
In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 1993. P has three years from 1993 to file an action in court against D for damages.
(b)
In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 2004. P cannot commence an action because the fifteen-year limitation period has been exceeded.
Explanation—
(a)
Illustration (a) is for the situation where an action may be brought within three years from the date a person under a disability ceased to be under the disability.
(b)
Illustration (b) is for the situation where an action cannot be brought after the expiration of fifteen years from the date on which the cause of action accrued.
Limitation (Amendment)
(3)
Where any such person as is referred to in subsection (1)
was on such date under two disabilities or where before the disability which he was under on such date had ceased he was affected by another disability he shall be deemed for the purposes of this section to have continued under a disability until both such disabilities have ceased.
(4)
Nothing in subsections (1) and (3) shall affect any case where the right of action first accrued to some person not under a disability through whom the person under a disability claims.
(5)
When a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.”.
Amendment of section 29