1. ) DAIRYAR A/L KHATAN MUTHU 2. ) DEWANA A/P TARA SINGH 3. ) KUMARAN A/L DAIRYAR v STANDARD CHARTERED SAADIQ BERHAD

wa-22ncvc-171-04-2023 High Court (Mahkamah Tinggi) 12 March 2025 • WA-22NCvC-171-04/2023 • 14 min read

Catchwords

Order 18 rule 19 Rules of Court 2012 – Claim obviously unsustainable if barred by s.6(1)(a) Limitation Act 1953 – Contractual and tortious claims barred 6 years after a right to bring action arises – S.6A(2) Limitation Act 1953 – extension of life span of cause of action in claim for damages for negligence not involving personal injuries – Chronology of events show earliest date of knowledge acquired by the plaintiff – Earliest date of both knowledge of tort and right to bring such action is the starting date in s.6A(4) – No action to be brought after the expiration of three years from the starting date – Facts of case show Plaintiffs bound by an earlier court order – No loss suffered by reason of Defendant entering into consent order with third party who is a judgment creditor of the Plaintiffs

Judges (1)

Gan Techiong Delivered

Counsel (4)

Rahmat Lim & Partners Firm S P Chanra Firm Chanravathane a/p S. Ponnudurai Counsel Plaintiff Lee Ji Kean Counsel Defendant

Parties (4)

STANDARD CHARTERED SAADIQ BERHAD Defendant Dairyar a/l Khatan Muthu Plaintiff Dewana a/p Tara Singh Plaintiff Kumaran a/l Dairyar Plaintiff

Case Significance

1. ) DAIRYAR A/L KHATAN MUTHU 2. ) DEWANA A/P TARA SINGH 3. ) KUMARAN A/L DAI... is a High Court (Mahkamah Tinggi) decision dated March 12, 2025 (citation: wa-22ncvc-171-04-2023). The case was decided by Gan Techiong.

What was the outcome of 1. ) DAIRYAR A/L KHATAN MUTHU 2. ) DEWANA A/P TARA SINGH 3. ) KUMARAN A/L DAI...?

1. ) DAIRYAR A/L KHATAN MUTHU 2. ) DEWANA A/P TARA SINGH 3. ) KUMARAN A/L DAI... is a High Court decision dated March 12, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Limitation Act 1953 (Cap 254)
Rules of Court 2012

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-171-04-2023)