Limitation (Amendment) 1

LAWS OF MALAYSIA
Act A1566

LIMITATION (AMENDMENT) ACT 2018

2 Laws of Malaysia Act A1566

Date of Royal Assent ... ... 27 April 2018

Date of publication in the ... ... ... 4 May 2018

Gazette

Publisher’s Copyright C
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 Limitation (Amendment) 3

LAWS OF MALAYSIA

Act A1566

LIMITATION (AMENDMENT) ACT 2018

An Act to amend the Limitation Act 1953.

[ ]

ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

1. (1) This Act may be cited as the Limitation (Amendment) Act 2018.

(2) This Act comes into operation on a date to be appointed

by the Minister by notification in the Gazette.

New section 6a

2. The Limitation Act 1953 [Act 254], which is referred to as

the “principal Act” in this Act, is amended by inserting after
section 6 the following section:

“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
4 Laws of Malaysia Act 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—

“starting date” means the earliest date on which the

(a)
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;
 Limitation (Amendment) 5

“knowledge required for bringing an action for damages

(b)
in respect of the relevant damage” means knowledge
of—

(i) the material facts about the damage in respect

of which damages are claimed;

(ii) other facts relevant to the current action:

(A) that the damage was attributable

in whole or in part to that act or
omission which is alleged to constitute
negligence;

(B) the identity of the defendant; and

(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—

(A) from facts observable or ascertainable

by him; or

(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).”.
6 Laws of Malaysia Act A1566

New section 24a

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

In 1987, D constructs a building in such a way that he is liable

(a)
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.

In 1987, D constructs a building in such a way that he is liable

(b)
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) 7

(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

4. Section 29 of the principal Act is amended—

(a) by renumbering the existing section as subsection (1);
and
(b) by inserting after subsection (1) as renumbered the
following subsection:
“(2) Section 6a shall not apply to any action to
which paragraph (1)(b) applies.”.

Savings and transitional

5. (1) Where on the date of coming into operation of this Act

any cause of action for an action under section 6a has accrued,
the provision of the principal Act as amended by this Act shall
apply.

(2) Any action or proceedings commenced or pending immediately

before the date of coming into operation of this Act shall, after
Hakcipta Pencetak H

the date of coming

Tiada mana-manainto
bahagianoperation ofinithis Act, semula
be continued asbentuk
if
PERCETAKAN NASIONAL MALAYSIA BERHAD
Semua Hak Terpelihara. jua daripada penerbitan boleh diterbitkan atau disimpan di dalam

the principal Act had not been amended by this Act.

yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/
atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
WJW010905 00-00-0000