Limitation Law in Malaysia

Limitation law plays an important role in the administration of civil justice in Malaysia. It determines when legal proceedings may be commenced, when rights are extinguished by time, and when access to the courts is effectively barred. The rules of limitation are often deployed by defendants as a threshold defence against actions that have been instituted. Limitation undoubtedly forms a substantive body of rules that shapes outcomes in real and often life-changing disputes.

Recognising the criticality of time-bar, this book provides a vital exposition of the law of limitation currently applicable in Peninsular and East Malaysia. It provides a clear statement of the law relating to limitation of actions in Malaysia and comprehensively examines the ways in which the existing framework may be improved to promote fairness, clarity and legal certainty. The Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak and other related legislation are closely studied to extract the workings of their intricate details.

This book adopts both an analytical and a reform-oriented approach. It brings together statutory provisions, judicial decisions and comparative material to provide a coherent account of Malaysian limitation law as it stands, while also identifying areas where the law produces unjust or inefficient outcomes. Where appropriate, reference is made to developments in other common law jurisdictions to illuminate how alternative approaches might better serve the interests of justice.

This new addition to the Malaysian Litigation Series will undoubtedly provide a contemporary and up-to-date reference to strengthen the armoury of every litigator which is indispensable to practitioners, judges, academics, and students.

Key features:

• Comprehensive coverage of Malaysian limitation law:
  A clear and systematic analysis of the Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak and related legislation, supported by Malaysian and Commonwealth case law.
• Critical examination of shortcomings:
  Identifies gaps, ambiguities and outdated features in Malaysia's limitation framework that operate unfairly against litigants.
• Reform-oriented perspective:
  Goes beyond stating the law by analysing how and why reform is needed, drawing on comparative developments in other common law jurisdictions.
• Detailed treatment of difficult and emerging areas:
  Including postponement of time, acknowledgment and part-payment, disability, concealment, equitable limitation and the interaction between limitation and procedural law.
• Designed for both students and practitioners:
  Written in a style that is academically rigorous yet accessible, making it suitable for law students, legal academics, practising lawyers and judges.
• A practical research and reference tool:
  Includes statutory extracts, case analysis and commentary to support quick and reliable legal research.
• Advocates a fair and more modern approach to time-barred claims:
  Highlights how the law can better balance certainty with access to justice in Malaysia.

Memories of the journey of a lawyer, legal counsel and judge

Quote from Foreword

“… this autobiography is a must-read not only for what it says but also for what we must infer from between the lines. The author is to be congratulated for the honesty of this work but there is more.”

— From the Foreword by

Dato’ Mahadev Shankar

Retired Court of Appeal Judge

This book traces the life and career of a Malaysian law professional who was born in Kuala Lumpur after the end of the Second World War and lived through the years when an insurrection posed an existential threat to the newly established Federation of Malaya in 1948. A barrister-at-law, a corporate legal counsel and later a judge in Fiji, David Alfred recounts living at the sharp end of the Emergency with his doctor father encountering armed bandits and he himself coming under gun fire and witnessing a dead terrorist.

He was a student in primary school when Malaya became independent in 1957 and a student in secondary school when Malaysia was formed in 1963. He then lived through the Confrontation years. He was a law student in London and saw the setting of the sun on the British Empire. His reflections down memory lane provide a rare view of post-war life in Malaya and personal accounts of the early years of Malaysia.

In an interesting narration of the stories of his life, David Alfred recounts his experiences as a practising advocate in the courts in Malaysia and then as legal counsel in two leading banks in Kuala Lumpur. His legal career culminated with his judicial appointment in Fiji.

This is an account of what it was like to practise Law, to advise on Law and finally to dispense justice according to the Rule of Law. An interesting read for members of the legal community, this book shares insights of the rich history of the legal community in Malaysia and a rare glimpse of judicial life in Fiji.

In today’s dynamic world, the development of infrastructure, buildings, factories, schools and residences is underpinned by construction law which regulates and determines the execution of building and construction work. The complexity of building projects and construction contracts often gives rise to various disputes which require resolution. Due to the large sums of money involved in building projects, the resolution of disputes is usually long drawn out and concerns many intricate and inter-related legal issues.

Construction law is a vast field comprising diverse legal topics. The ever-evolving boundaries of construction law constantly challenge a clear demarcation of what this subject entails. This book is intended to be a practitioner’s reference to construction law. Through its comprehensive coverage, it is an indispensable repository of knowledge on construction law. Containing 46 well-structured chapters, this book provides detailed and practical analysis of the applicable law and practice.

Written by an author with long experience in construction law, the content provides invaluable treatment of construction law supported by local and foreign case law as well as industry forms of contract and guidelines. The two volumes provide invaluable exposition on the position of the law and its practical application. A copious number of cases have been succinctly summarised and presented to serve as guides on how legal principles operate in practice.

This book is one not to be missed by architects, quantity surveyors, claims consultants, construction lawyers, developers, contractors, arbitrators, lecturers and students of construction law.

Key features:

• Provides unrivalled coverage of construction law topics in 46 chapters.
• Gives a clear and comprehensive exposition of construction law across a wide spectrum of topics to facilitate its use.
• Illuminates areas of construction law which are seldom covered in most construction law books.
• Suggests approaches to be made in dealing with unsettled and difficult areas of the law guided by doctrinal coherence and consistency.
• Emphasises the use of plain and simple language.
• Legal analysis is richly supported by cases, both local and foreign, to empower a holistic appreciation of the law.
• Case precedents are placed in separate sections for easy reference.
• Cases are described in suitable detail in an engaging manner for better understanding.
• Describes the development, evolution and shaping of the law to promote comprehension and appreciation of the principles.
• Issues are analysed from different perspectives to enhance breadth of knowledge and legal reasoning.

In today’s increasingly complex strata titles framework, this book serves as a practical, accessible guide to Malaysia’s strata management law, drawing from statutes, key judicial decisions, and Strata Management Tribunal (SMT) practice to bridge legislation and everyday application.

Authored by a seasoned legal practitioner with over 33 years of experience in dispute resolution, corporate and commercial litigation, and advisory work, this book instils confidence in every page. Readers can trust its authoritative insights, drawn from decades of real-world expertise. Its logical layout ensures swift navigation to any specific issue, making it the indispensable go-to companion in Malaysia’s fast-evolving world of strata management.

Navigate Strata Challenges: The Essential Handbook for Management, Dispute Resolution & Tribunal Wins

Key features:

• Comprehensive and up-to-date coverage of Malaysian strata law
• Content structured from formation to termination of strata scheme
• Strong practical focus on governance and compliance
• Detailed guidance on by-laws, charges, and property management
• Clear explanation of parcel owners' rights and remedies
• Step-by-step guide to the Strata Management Tribunal
• Case law-driven analysis
• Written for practitioners and property professionals, not just academics
• Ideal as both a desk reference and a training resource