SITI MARIATI BINTI CHE NOH v TELEKOM MALAYSIA BERHAD
5 cases cited
(0 SG, 5 foreign)
Outcome
Accordingly, the appeal is dismissed.
Catchwords
Civil Procedure — Striking out — Order 18 r 19(1)(b) and (d) Rules of Court 2012 — Claim struck out as time-barred — Plaintiff commencing action against original defendant within limitation period — New defendant subsequently added by amendment after expiry of limitation period — Whether doctrine of relation back applicable — Whether claim against newly added defendant plainly unsustainable — Whether abuse of process. Civil Procedure — Amendment — Order 20 r 5 Rules of Court 2012 — Addition of new defendant after expiry of limitation period — Whether amendment deemed effective from date of original writ — Whether accrued limitation defence may be defeated through doctrine of relation back — Distinction between amendment of cause of action and joinder of new defendant. Limitation — Tort — Section 6(1)(a) Limitation Act 1953 — Six-year limitation period — Cause of action arising from road accident — Defendant added after expiry of limitation period — Whether action against defendant statute-barred
Practice Areas
Judges (1)
Statutes Cited
Limitation Act 1953 (Cap 254)
Rules of Court 2012
Cases Cited (5)
MY (5)
[1981] 1 MLJ 225 [1993] 4 CLJ 7 [2003] 2 MLJ 97 [2011] 2 MLJ 192 [2017] 2 MLJ 697
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-11a-2-10-2025)