TRUSTEES OF BOON SAN TONG KHOO KONGSI (PENANG) REGISTERED v Hun Meng Development Sdn. Bhd.
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This Court agrees with the Plaintiff that the question of frustration arose only when the Defendant, in its defence in 2018, argued that Lot 775 could not be developed. Since the issue of frustration was raised by the Defendant only in 2018 and the Plaintiff only submitted the amended SOC in 2018 itself, it is clear that no question of limitation arises, and there is no question of the time-barring of the Plaintiff's action, since it is filed in the same year as the frustration issue. In any event, if we look at the five notices of ratification issued by the Plaintiff to the Defendant, the first notice was issued on 13.11.2014 and last one was dated 26.01.2017. The last reply by the Defendant was on 08.02.2017; and the notice of termination was issued on 03.10.2017. The Court found that, according to the chronology of the dates, they are still within the time-limit set by Section 6(1) (a) of the Limitation Act 1953.
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Read on eJudgmentSource: eJudgment (pa-22ncvc-45-02-2020)