A1566 - AKTA HAD MASA (PINDAAN) 2018

Had Masa (Pindaan) 1 UNDANG-UNDANG MALAYSIA Akta A1566 AKTA HAD MASA (PINDAAN) 2018 2 Undang-Undang Malaysia AktA A1566 Tarikh Perkenan Diraja ... ... 27 April 2018 Tarikh penyiaran dalam Warta ... ... 4 Mei 2018 Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). Had Masa (Pindaan) 3 UNDANG-UNDANG MALAYSIA Akta A1566 AKTA HAD MASA (PINDAAN) 2018 Suatu Akta untuk meminda Akta Had Masa 1953. [ ] DIPERBUAT oleh Parlimen Malaysia seperti yang berikut: Tajuk ringkas dan permulaan kuat kuasa 1. (1) Akta ini bolehlah dinamakan Akta Had Masa (Pindaan) 2018. (2) Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta. Seksyen baharu 6a 2. Akta Had Masa 1953 [Akta 254], yang disebut “Akta ibu” dalam Akta ini, dipinda dengan memasukkan selepas seksyen 6 seksyen yang berikut: “Limitation of actions to claim damages for negligence not involving personal injuries 6a. (1) Notwithstanding subsection 6(1), this section shall apply to any action for damages for negligence not involving 4 Undang-Undang Malaysia AktA A1566 personal injuries, where the starting date for calculating the period of limitation under subsection (2) falls after the date on which the cause of action accrued. (2) An action to which this section applies shall not be brought after the expiration of three years from the starting date if the period of three years expires later than the period of limitation prescribed in subsection 6(1). ILLUSTRATIONS (a) C bought a house from D in 2000. In 2010, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2010 to file an action in court against D for damages. (b) C bought a house from D in 2000. In 2006, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2006 to file an action in court against D for damages. (c) C bought a house from D in 2000. In 2005, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2005 to file an action in court against D for damages. (3) Notwithstanding subsection (2), no action shall be brought after the expiration of fifteen years from the date on which the cause of action accrued. ILLUSTRATION C bought a house from D in 2000. In 2017, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2001, one year after C moved into the house. C cannot commence an action because he has already exceeded the fifteen-year limitation period. (4) For the purposes of this section— (a) “starting date” means the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such action; Had Masa (Pindaan) 5 (b) “knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge of— (i) the material facts about the damage in respect of which damages are claimed; (ii) other facts relevant to the current action: (A) that the damage was attributable in whole or in part to that act or omission which is alleged to constitute negligence; (B) the identity of the defendant; and (C) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant, and (iii) includes the knowledge which the plaintiff or any person in whom the cause of action was vested before him might reasonably have been expected to acquire— (A) from facts observable or ascertainable by him; or (B) from facts ascertainable by him with the help of appropriate expert advice which is reasonable for him to seek, but the plaintiff or the person in whom the cause of action was vested before him shall not be limited under this subparagraph to knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain and, where appropriate, to act on that advice. (5) Knowledge that any act or omission did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (4).”. 6 Undang-Undang Malaysia AktA A1566 Seksyen baharu 24a 3. Akta ibu dipinda dengan memasukkan selepas seksyen 24 seksyen yang berikut: “Extension of limitation period under section 6a in case of disability 24a. (1) If on the date when any right of action accrued for which a period of limitation is prescribed under section 6a, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of three years from the date when such person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired. (2) An action may not be brought by virtue of subsection (1) after the end of limitation period prescribed under subsection 6a(3). ILLUSTRATIONS (a) In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 1993. P has three years from 1993 to file an action in court against D for damages. (b) In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 2004. P cannot commence an action because the fifteen-year limitation period has been exceeded. Explanation— (a) Illustration (a) is for the situation where an action may be brought within three years from the date a person under a disability ceased to be under the disability. (b) Illustration (b) is for the situation where an action cannot be brought after the expiration of fifteen years from the date on which the cause of action accrued. Had Masa (Pindaan) 7 (3) Where any such person as is referred to in subsection (1) was on such date under two disabilities or where before the disability which he was under on such date had ceased he was affected by another disability he shall be deemed for the purposes of this section to have continued under a disability until both such disabilities have ceased. (4) Nothing in subsections (1) and (3) shall affect any case where the right of action first accrued to some person not under a disability through whom the person under a disability claims. (5) When a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.”. Pindaan seksyen 29 4. Seksyen 29 Akta ibu dipinda— (a) dengan menomborkan semula seksyen yang sedia ada sebagai subseksyen (1); dan (b) dengan memasukkan selepas subseksyen (1) yang dinomborkan semula subseksyen yang berikut: “(2) Section 6a shall not apply to any action to which paragraph (1)(b) applies.”. Kecualian dan peralihan 5. (1) Jika pada tarikh permulaan kuat kuasa Akta ini apa-apa kausa tindakan bagi suatu tindakan di bawah seksyen 6a telah terakru, peruntukan Akta ibu sebagaimana yang dipinda oleh Akta ini hendaklah terpakai. (2) Apa-apa tindakan atau prosiding yang telah dimulakan atau belum selesai sebaik sebelum tarikh permulaan kuat kuasa Akta ini hendaklah, selepas tarikh permulaan kuat kuasa Akta ini, diteruskan seolah-olah Akta ibu tidak dipinda oleh Akta ini.