ACCENT TECHNIQUE SDN BHD v KUALA LUMPUR AVIATION FUELLING SYSTEM SDN BHD

w-02ca-702-04-2025 Court of Appeal (Mahkamah Rayuan) 22 April 2026 • W-02(C)(A)-702-04/2025 • 18 min read
11 cases cited (0 SG, 11 foreign)

Outcome

We therefore dismiss the appeal and the Decision is affirmed. The Appellant shall pay the Respondent costs of RM30,000.00 subject to allocator.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-02ca-702-04-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

The Court of Appeal dismissed the appeal, finding no basis to extend time to commence arbitration as the appellant’s delay was caused by its own avoidable legal and procedural errors, namely initiating proceedings through the wrong party and relying on defective sanction, rather than circumstances beyond its control. The Court held that relief under s.30(5) of the Limitation Act 1953 and the court’s equitable jurisdiction is discretionary and only available where delay is externally caused, and cannot be invoked to cure self-induced mistakes or to override clear contractual terms.

Practice Areas

Limitation

Judges (3)

Lim Chong Fong Delivered Lim Hock Leng Coram Muniandy a/l Kannyappan Coram

Parties (2)

ACCENT TECHNIQUE Sdn Bhd Appellant KUALA LUMPUR AVIATION FUELLING SYSTEM Sdn Bhd Respondent

Statutes Cited

Arbitration Act 2005 (Cap 646)
Civil Law Ordinance
s 3(1)
Courts of Judicature Act
s 25(2)
Limitation Act 1953 (Cap 254)
Rules of Court 2012

Cases Cited (11)

UK (5)
[1937] AC 473 [1942] AC 130 [1966] 1 QB 273 [1978] AC 297 [1979] 2 All ER 22
MY (6)
[1965] 1 MLJ 228 [1968] 2 MLJ 143 [1981] CLJ 84 [2007] 3 MLJ 232 [2014] 7 CLJ 552 [2024] 7 CLJ 976

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-02ca-702-04-2025)