Analysis Of Section 6A Of The Limitation Act

• Published date: 30 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Personal Injury, Construction & Planning, Real Estate
• Law Firm: Bodipalar Ponnudurai De Silva
• Author: Ms Brenda Rangithan and Maryam Jamilah

The Limitation Act 1953 provides the limitation period of 6 years where a plaintiff is allowed to enforce its rights against any contractual or tortious claim. In another word, after the 6 year period, any persons will generally be barred from making any such claims.

Within the construction industry, it was a common argument that this law is restrictive and unjust in respect of latent defects. Latent defects are invisible or undetected defects which may be apparent only through inspection. There were instances where property owners only became aware of the defects of their newly purchased property after the expiration of the 6 year limitation period and therefore were barred from commencing any legal action to enforce their rights against the Developer and/or the contractor.

However, it was not until 2018 that the Malaysian Parliament redefined the law on latent defects by introducing Section 6A into the Limitation Act 1953. The amendment of the Limitation Act brings comfort to property owners in such a situation as it redresses the injustice which allows the property owner to initiate the action despite the rigidity of the law.

Pre- Amendment

Throughout the years before the Amendment of the Limitation Act, the limitation period for latent defects falls strictly under Section 6(1)(a) of the Limitation Act 1953, the provision states the following:

'Save as hereinafter provided the following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued, that is to say actions founded - on a contract or on tort;'

Due to the similarities in Section 6 of the Limitation Act 1953 and Section 2 of the UK...