KOPERASI TANJONG KERAMAT MALAYSIA BERHAD (dahulunya dikenali sebagai Koperasi Tanjong Keramat Kota Kinabalu Berhad) v 1. ) MYANGKASA HOLDINGS SDN. BHD. 2. ) ENABLING ASIA TECH SDN. BHD.

wa-22ncvc-219-04-2022 High Court (Mahkamah Tinggi) 27 August 2024 • WA-22NCvC-219-04/2022 • 18 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Contractual obligation scheduled to be performed periodically – Recurring contractual obligation – Each failure to make periodic payment is a discrete breach of contract giving rise to a new cause of action – Running account revives cause of action to the date of last payment if and only if partial payment made – S.26(2) Limitation Act 1953 – No “running account” as no partial payment was made – Periodic payments due more than 6 years prior to the filing of Writ barred by S.6 Limitation Act 1953 –Plaintiff a subsidiary company of co-operative society – Tripartite agreement – Full Payment made by Plaintiff to 1st Defendant being party who initiated Agreement – 1st Defendant received consideration from Plaintiff – S.38 Contracts Act – 1st Defendant bound to perform Tripartite Agreement – Agreement stated obligation of 1st Defendant to collect payment from 2nd Defendant to be paid over to Plaintiff – 1st Defendant jointly and severally liable with the 2nd Defendant to pay Plaintiff.

Judges (1)

Gan Techiong Delivered

Counsel (5)

Lam Wai Tze & Co. Firm N.K. Tan & Rahim Firm Lam Wai Tze Counsel Plaintiff Muhammed Zahid Hazim Bin Kasim Counsel Defendant William Tan Phoo Yie Counsel Plaintiff

Parties (3)

ENABLING ASIA TECH Sdn Bhd Defendant KOPERASI TANJONG KERAMAT MALAYSIA BERHAD Plaintiff MYANGKASA HOLDINGS Sdn Bhd Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Evidence Act 1950 (Cap 56)

Limitation Act 1953 (Cap 254)

Cases Cited (3)

MY (3)

[2016] 6 MLJ 96 [2016] 8 CLJ 317 [2024] 5 MLJ 597

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-219-04-2022)