Professional Documents
Culture Documents
Judgment TNB V Even Sofa
Judgment TNB V Even Sofa
ANTARA
DAN
PENGHAKIMAN
(Lampiran 7)
1
Mahkamah Majistret Kuala Lumpur melalui guaman no. A72NCVC-
had masa 6 tahun di bawah Akta Had Masa 1953 apabila tempoh
tiada, arus paparan kurang dari arus sebenar di busbar bagi ketiga-
2
tiga fasa dan terdapat sambungan terus sebelum ‘current
fasa.
3
merupakan premis yang berlainan, nombor akaun, jenis
berbeza.
Dapatan Mahkamah
telah diputuskan di dalam kes Bandar Builder Sdn Bhd & Ors v.
“The principles upon which the Court acts in exercising its power under any of
the four limbs of O. 18 r. 19(1) Rules of the High Court 1980 are well settled. It
is only in plain and obvious cases that recourse should be had to the summary
process under this rule. This summary procedure can only be adopted when it
raise some question fit to be decided by the Judge, the mere fact that the case
4
is weak and not likely to succeed at the trial is no ground for the pleadings to
be struck out.”
Berhad V. Kawal Teliti Sdn. Bhd. [1995] 3 CLJ 783 yang telah
“What is res judicata ? It simply means a matter adjudged, and its significance
lies in its effect of creating an estoppel per rem judicature. When a matter
jurisdiction, the parties and their privies are not permitted to litigate once more
the res judicata, because the judgment becomes the truth between such
parties, or in other words, the parties should accept it as the truth; res
judicatapro veritate accipitur. The public policy of the law is that it is in the
public interest that there should be finality in litigation - interest rei publicae ut
sit finis litium. It is only just that no one ought to be vexed twice for the same
5
cause of action - nemo debet bis vexari pro eadem causa. Both maxims are
the rationales for the doctrine of res judicata, but the earlier maxim has the
berikut;
“(1) 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
“A "cause of action" is the entire set of facts that gives rise to an enforceable
claim; the phrase comprises every fact which, if traversed, the plaintiff must
prove in order to obtain judgment (per Lord Esher MR in Read v. Brown [1889]
22 QBD 128, 131). In Reeves v. Butcher [1891] 2 QB 509, 511 Lindley LJ said:
6
This expression, 'cause of action', has been repeatedly the subject of decision,
1843, that the cause of action arises at the time when the debt could first have
been recovered by action. The right to bring an action may arise on various
events; but it has always been held that the statute runs from the earliest time
In Board of Trade v. Cayzer, Irvine & Co. [1927] AC 610, 617. Viscount
from breach (per Field J in Gibbs v. Guild [1881] 8 QBD 296, 302). In the
case of actions founded on any other right, time runs from the date on which
that right is infringed or there is a threat of its infringement (see Bolo's case LR
57 IA 325). It would seem clear, therefore, that the expressions "the right to
sue accrues", "the cause of action accrues" and "the right of action accrues"
mean one and the same thing when one speaks of the time from which the
7
tindakan Plaintif bermula apabila berlakunya kemungkiran kontrak
oleh Defendan.
16. Bagi menjelaskan bila kausa tindakan Plaintif bermula bagi kes
berikut;
and in the case of a debt, the cause of action arises at the time when the debt
could first have been recovered by action. Between October 1996 and October
2002 the appellant had a right, albeit undiscovered, to the shortfall, which was
a debt due from the respondent. Although the shortfall was discovered only in
January 2003, it remained that during the period between October 1996 and
October 2002, the appellant was paid less than the sum calculated on the
correct multiplier. Therefore, between October 1996 and October 2002, the
8
sambungan terus sebelum ‘current transformer’ terus ke
9
membenarkan permohonan Defendan di Lampiran 7 dengan kos
16 Ogos 2017
Majistret
10