Limitation

AmBank (M) Bhd v. Kamariyah bt Hamdan & Anor [2013] 5 MLJ 448

This case concerned the issue of whether a cause of action against a solicitor for professional negligence runs from the date of the breach or from the date of the discovery of the breach. Despite the bodies of authorities in Malaysia and other Commonwealth jurisdictions that save in the case of fraud, time runs from date of the breach, Mr Benjamin Dawson persuaded the Court of Appeal that the Limitation Act should not be construed to bring injustice to aggrieved party who is dependent on professional advice. Following this submission, the Court of Appeal departed from the existing authorities and decided that time runs from the date when the breach could be diligently discovered and not the date of the breach.