MANAF BIN BEDO v LADANG RAKYAT TRENGGANU SDN BHD
ta-12bncvc-3-06-2025 High Court (Mahkamah Tinggi) 27 January 2026 • TA-12BNCvC-3-06/2025 • 14 min read
12 cases cited
(0 SG, 12 foreign)
Catchwords
Limitation – Cause of action – Accrual date – Contract – Promise to pay incentive – Plaintiff informed of Board's approval in 2010 – Whether breach occurred when payment not made after obligation arose – Whether discovery of subsequent Board minutes refusing payment extended limitation period – Limitation Act 1953, s 6(1)(a) Contract – Formation – Conditional promise – Board resolution allocating incentive subject to achieving "break-even" target – Whether subsequent resolution recording "allocation" of funds created unconditional obligation – Distinction between "diperuntukkan" (allocated) and "dibayar" (to be paid) – Condition precedent – Incentive conditional upon achieving financial target by specified date – Condition not fulfilled – Whether enforceable obligation arose Evidence – Documentary evidence – Board minutes – Whether oral testimony could override contemporaneous documents – Minutes of 2009 and 2010 meetings – Conjunctive reading required – Plaintiff's own witness conceding under cross-examination that allocation was subject to prior condition – Effect of admission Contract – Privity of contract – Resolution benefiting defined class – Plaintiff seeking to enforce resolution for exclusive personal benefit – Whether doctrine of privity applicable – Distinction between enforcing group right and converting to personal right Appeal – Appellate intervention – Principles – Trial judge's findings of fact – Whether plainly wrong or lacking judicial appreciation of evidence – UEM Group Bhd v Genisys Integrated Engineers Pte Ltd & Anor [2010] 9 CLJ 785 (FC) followed
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Limitation Act 1953 (Cap 254)
Cases Cited (12)
MY (12)
[1979] 1 MLJ 182 [1989] 2 MLJ 202 [1996] 1 MLJ 45 [2006] 1 MLJ 601 [2008] 1 MLJ 743 [2010] 9 CLJ 785 [2012] 7 MLJ 825 [2015] 6 MLJ 1 [2017] 3 MLJ 244 [2020] 12 MLJ 67 [2024] 3 MLJ 544 [2024] 5 MLJ 897
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-12bncvc-3-06-2025)