INSTRUCTIONS:

1. EACH FIRM TO ANSWER ALL QUESTIONS.

2. SUPPORT YOUR ANSWER WITH AUTHORITIES AND RELEVANT CASES.
3. WE WILL DISCUSS THE QUESTIONS IN WEEK 6.

QUESTIONS:
1. In 2015 Ringgan inherited, under his father's will a painting called the 'The
Magnificient Torso' by the famous painter, Inderjit. In August 2015, Ringgan took the
painting to the well known art dealer and expert in contemporary paintings, Hugo
Petrov, to have the painting valued. Petrov falsely represented to Ringgan that the
painting was not the original but a good reproduction and thereby induced Ringgan to
sell the painting to him at a fraction of its real value. In June 2016, Petrov sold the said
painting to Siti and made a huge profit. Two months ago, when Ringgan met Siti at a
social function, he discovered, to his dismay, the true facts about his painting. Ringgan
wishes to bring legal action to recover his painting and has approached you for advice
as to whether there are any legal impediments to such action. Advise Ringgan.

2. Poh intends to commence two separate actions. In the first action Poh intends
to sue the Government of Malaysia. Poh alleges that he supplied personal computers
to a government department on 10.3.2020, payment to be made upon delivery. The
said department has to date not paid the price of the computers. In his second action
Poh intends to sue Keretapi Tanah Melayu (KTM). Poh states that he suffered injuries
as a result of the negligence of KTM's staff on 15.1.2021. To date Poh has not
commenced both actions mentioned above.
i) Consider if the actions stated above are barred by limitation.
ii) With reference to Poh's proposed action against KTM, would your answer differ if
Poh was 15 years of age at the time of the accident?

3. You have been approached by Paul regarding the following matter:

In October 2020, Paul was injured in a road accident. Paul alleges that the accident
was caused by the negligent driving of Gupta of his motor car. Gupta's car was insured
by Disclaimer Insurance Bhd. Gupta died intestate in November 2020 before Paul
could commence his action against him. To date, Paul has not taken any steps to sue
Gupta's estate. Gupta's estate has no personal representative.
Paul wishes to commence an action against Gupta's estate as soon as possible. State
what steps you, as Paul's solicitor, would take in the circumstances.
Consider what the legal position would be if Gupta's administrators had extracted
Letters of Administration on 20th February 2022.

4. On 18 January 2012, Tulus Sdn Bhd (the purchaser) and Buaya Sdn Bhd (the
vendor) entered into a sale and purchase agreement in respect of a piece of land
together with a double storey house thereon for a purchase price of RM800,000. Tulus
Sdn Bhd had carried out its contractual obligation under the terms of the agreement
by making full payment on 18 March 2012. In July 2012, without the knowledge of
Tulus Sdn Bhd, Buaya Sdn Bhd sold and transferred the above mentioned property to
a third party. Tulus Sdn Bhd had only now discovered the above sale and wish to
institute an action against Buaya Sdn Bhd for breach of the sale and purchase
agreement of 18 January 2012 and the return of the purchase together with interest.
Advise Tulus Sdn Bhd as to whether it would face any procedural impediment in
instituting the above action.

5. Consider the following independent situations and advise Mony as to whether

she would face any procedural impediment in instituting the actions mentioned.
a) On 5 January 2020, Mony was shot and seriously wounded by the police in a cross
fire outside a grocery store. Mony was born on 5 January 2009. Mony now intends to
sue the Inspector General of Police and the Government of Malaysia in negligence.
b) In the above incident, Mony's father was fatally shot and Mony now intends to bring
a dependency claim against the above-mentioned defendants.

6. Karu, a senior software programmer from Kuala Lumpur was appointed by AIwi,
a sole proprietor, carrying on a business in Sibu, Sarawak, providing business
solutions. Karu was appointed on 15 January 2010 to develop several software
programmes. Upon completion of the programmes in August 2010, Karu sent his bill
for the agreed charges in the amount of RM260,000 which to date remains unpaid.
Despite several letters of demand being sent, AIwi failed to respond until October
2019, when he wrote a letter to Karu proposing to settle the above sum in ten monthly
instalments. This, however, did not materialise. Karu, who now resides in the United
Kingdom wishes to commence an action against Alwi to recover the above said sum.
With the aid of the relevant statutory provisions and case law, advise Karu whether
there are procedural impediments which Karu may face if he were to commence
an action today?

7. Johan has been occupying a piece of land in Kuala Selangor for the past 20
years. He did not possess any title to the land but occupied it without interference from
anyone. Fred, the registered owner of the land, has now returned to Malaysia having
been overseas for the past 30 years. Fred has demanded that Johan vacate the land
but Johan has refused to do so on the ground that he has acquired an interest in the
land by virtue of section 9(1) of the Limitation Act 1953. Johan has proceeded to file a
writ action in the High Court at Shah Alam seeking a declaration that he is entitled to
be registered as the proprietor of the said land by virtue of the above provision. As the
solicitor for Fred, advise him on the chances of Johan succeeding in his claim.