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QUESTION :

IN JUNE 2010, ATIP AND HIS WIFE, NUNIS WERE


TRAVELLING IN A BUS OWNED BY SYARIKAT BAS FASTER.
THE BUS COLLIDED WITH A POLICE VAN. ATIP DIED AS A RESULT

MARCH 2015 OF THE INJURIES.

NUNIS WISHES TO SUE :


PART B a) SYARIKAT BAS FASTER
b) THE GOVERNMENT OF MALAYSIA

QUESTION 3 TO DATE (MARH 2015), NUNIS HAS NOT TAKEN ANY LEGAL
PROCEEDINGS AGAINST THE PARTIES.

DISCUSS THE PRELIMINARY MATTERS IF NUNIS WANT TO PROCEED


WITH LEGAL ACTION AGAINST BOTH PARTIES ?
ISSUE

WHETHER NUNIS CAN TAKE A LEGAL ACTION TOWARDS


THE SYARIKAT BAS AND THE GOVERNMENT OF MALAYSIA ?
PRINCIPLE
1. Preliminary matters are things to be considered before commencing a civil action in courts.
2. The matters include party to the suit, cause of action, locus standi, limitation of period and remedies.
3. Party to the suit; a plaintiff must be a party to the dispute in order to initiate a case in the court. In
order for a plaintiff to sue in his own name, he must be (1) of age of majority and (2) sound of mind. A
defendant also must qualify the two factors above. In this case, the plaintiff is Nunis and the defendant
are Syarikat Bas Faster and Government of Malaysia.

4. Cause of action; according to Cooke v. Gill (1873), Bret J. defined a cause of action as ever fact which is
material to be proved to entitle the plaintiff to succeed. Plaintiff must have a complete cause of action
which means that all the facts as evidences must be sufficient. This is because the cause of action
determines the form of proceedings to be taken in the court. Moreover, pleadings in every action must
state the cause of action. For example, the decided case of Sio Koon Lin v. S.B. Mehra (1981), Federal
Court held that the plaintiff did not have any cause of action before the due date.
5. Locus standi; any person commencing an action must have locus standi that is an interest in the matter. It concern the
right person to take action or to challenge a decision. A plaintiff will have a locus standi if he is aggrieved by the
defendants action and he also must have a sufficient interest in the subject matters. This can be observed in Atip Bin Ali
V. Josephine Doris Nunis. Josephine first sued the chief minister of Malacca for breach of promise to marry her. She then
withdrew her action. Atip, took action against Josephine claiming that all members of UMNO in Alai had been defamed by
Josephines action. The action should fail as there was no locus standi. The only person defamed, Datuk Seri Rahim
Thamby Cik had the locus standi.
6. Limitation period; the period in which the suit must be brought up. A plaintiff must ensure that the cause of action is
completed before commencing his action and must initiate the case within the specified period. If the plaintiff fail to do
so, then the suit will be time-barred. The limitation period begins to run when there is a (1) complete cause of action that
is (2) when all the facts have happened and materials have been proved to entitle the plaintiff to succeed. Even though a
plaintiff have a complete cause of action but the action is not commenced within the limitation period, then the action is
time-barred. The limitation period cannot be extended by the court unless provided in the statutes.

7. Remedies; any method available under the law to obtain redress for the infringement of rights. Remedies include
damages, rescission of contract, specific performance, injunction and quantum meruit.
APPLICATION

1. Nunis can take the legal action or sue the Syarikat Bas Faster as it not
exceed the 12 years of the limitation period.
2. According to section 6(3) of the Limitation Act 1953 reads that the
damaged party can take any legal action within the 12 years from the
date of enforcing judgement.
3. However, Nunis cannot take any legal action towards the Government
of Malaysia.
4. This is because it already exceed the limitation period of 3 years.
5. In accordance to section 2 of the Public Authorities Protect Act 1948
which states that the damaged party must commence within 3 years
after the wrongful act happened.
CONCLUSION

NUNIS CAN SUE THE SYARIKAT BAS FASTER BUT CANNOT


SUE THE GOVERNMENT BECAUSE OF THE FACTOR
LIMITATION PERIOD.