Seksyen 1
(2)
Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta.
Seksyen baharu 6a
/akn/my/act/amendment_act/2018/A1566
AKTA HAD MASA (PINDAAN) 2018
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
- Type
- Amendment Act
- Status
- In force
- Enacted
- 2018
- Sections
- 5
- Languages
- MS · EN
Quick answer
About this amendment act
AKTA HAD MASA (PINDAAN) 2018 is Malaysia Amendment Act, cited as Amendment Act A1566 2018, currently marked in force and first recorded in 2018.
Opening note
Preamble
- Suatu Akta untuk meminda Akta Had Masa 1953. [ ] DIPERBUAT oleh Parlimen Malaysia seperti yang berikut: Tajuk ringkas dan permulaan kuat kuasa
Seksyen 2
Akta Had Masa 1953 [Akta 254], yang disebut “Akta ibu”
dalam Akta ini, dipinda dengan memasukkan selepas seksyen 6
seksyen yang berikut:
“Limitation of actions to claim damages for negligence not involving personal injuries 6a. (1) Notwithstanding subsection 6(1), this section shall apply to any action for damages for negligence not involving
Undang-Undang Malaysia 4
Akta A1566
personal injuries, where the starting date for calculating the period of limitation under subsection (2) falls after the date on which the cause of action accrued.
(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.
(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;
Had Masa (Pindaan)
(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;
(A)
that the damage was attributable in whole or in part to that act or omission which is alleged to constitute negligence;
(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—
(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).”.
Undang-Undang Malaysia 6
Akta A1566
Seksyen baharu 24a
Seksyen 3
Akta ibu dipinda dengan memasukkan selepas seksyen 24
seksyen yang berikut:
“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.
Had Masa (Pindaan)
(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.”.
Pindaan seksyen 29
Seksyen 4
Seksyen 29 Akta ibu dipinda—
(b)
dengan memasukkan selepas subseksyen (1) yang dinomborkan semula subseksyen yang berikut:
“(2) Section 6a shall not apply to any action to which paragraph (1)(b) applies.”.
Kecualian dan peralihan
Seksyen 5
(2)
Apa-apa tindakan atau prosiding yang telah dimulakan atau belum selesai sebaik sebelum tarikh permulaan kuat kuasa
Akta ini hendaklah, selepas tarikh permulaan kuat kuasa Akta ini, diteruskan seolah-olah Akta ibu tidak dipinda oleh Akta ini.
Common questions
- What is AKTA HAD MASA (PINDAAN) 2018?
- AKTA HAD MASA (PINDAAN) 2018 is Malaysia Amendment Act, cited as Amendment Act A1566 2018, currently marked in force and first recorded in 2018.
- Is AKTA HAD MASA (PINDAAN) 2018 still in force?
- Yes — AKTA HAD MASA (PINDAAN) 2018 is currently in force.
- When did AKTA HAD MASA (PINDAAN) 2018 take effect?
- AKTA HAD MASA (PINDAAN) 2018 was first recorded in 2018.
- How many sections does AKTA HAD MASA (PINDAAN) 2018 have?
- AKTA HAD MASA (PINDAAN) 2018 contains 5 sections.
- Where can I read the official version of AKTA HAD MASA (PINDAAN) 2018?
- The official text of AKTA HAD MASA (PINDAAN) 2018 is published at lom.agc.gov.my.