Azio e-Pay Service Malaysia Sdn Bhd v Pejabat Pendaftar Agensi Pelaporan Kredit
wa-21ncvc-22-03-2024 High Court (Mahkamah Tinggi) 28 January 2026 • WA-21NCvC-22-03/2024 • 15 min read
20 cases cited
(0 SG, 20 foreign)
Catchwords
Enclosure 35 was allowed, the Plaintiff’s SoC was struck out and costs of RM10,000 subject to allocator was ordered to be paid to the Defendant. As the tort of misfeasance requires a public officer as its first essential element, and an Office is not an Officer, the Plaintiff’s failure to surmount this basic jurisdictional requirement is fatal to the suit. The suit is barred by the mandatory and absolute limitation period prescribed in Section 2(a) PAPA. The cause of action accrued when the alleged instructions were issued, and the Plaintiff’s own documentation proved actual knowledge of the impugned act by that date. As the suit was brought against a non-legal entity and filed outside the statutory limitation period, it is obviously unsustainable. To allow such a fundamentally defective action to proceed to trial would be an abuse of the process of the court and would cause unnecessary expense to the public authority. Enclosure 43 was dismissed with costs of RM3,000 subject to allocator. Plaintiff failed to demonstrate that the error was a bona fide mistake and because the amendment sought to cure a fatal legal defect after an unreasonable delay, this Court found no grounds to exercise its discretion in favor of the Plaintiff. keywords: public officer, limitation period, tort of misfeasance
Judges (1)
Counsel (4)
Statutes Cited
Limitation Act 1953 (Cap 254)
Cases Cited (20)
UK (1)
[2000] 3 All ER 558
MY (19)
[1983] 1 MLJ 213 [1983] 2 MLJ 227 [1984] 2 MLRH 494 [1985] 2 MLJ 222 [1990] 2 CLJ 169 [1991] 1 CLJ 69 [1993] 2 AMR 1969 [1993] 3 MLJ 36 [1993] 4 CLJ 7 [1997] 2 CLJ 564 [1997] 4 CLJ 669 [2006] 2 CLJ 150 [2006] 2 CLJ 196 [2009] 1 CLJ 663 [2010] 2 MLJ 188 [2017] 2 CLJ 728 [2017] 3 MLJ 281 [2020] MLJU 395 [2021] MLJU 394
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-21ncvc-22-03-2024)