Choong, Yeow Choy and Balan, Sujata (2021) The Malaysian Public Authorities Protection Act: The delimitation of a limitation period. Civil Justice Quarterly, 40 (4). pp. 303-326. ISSN 0261-9261,
Full text not available from this repository.Abstract
The law in Malaysia affords protection and numerous procedural advantages to public authorities in civil suits. This is evident from Malaysian legislation such as the Government Proceedings Act 1956 and the Public Authorities Protection Act 1948. One such protection takes the form of a shorter limitation period prescribed for suits and actions instituted against public authorities. Other jurisdictions with similar legislation include South Africa, Nigeria and Jamaica. This article will examine the scope, application and limit(s), if any, of the defence of limitation as prescribed in the Malaysian Public Authorities Protection Act 1948. It will draw the attention of the readers to a number of decisions that have manifestly placed severe constraints on the availability and application of the defence of limitation under the said Act. An attempt will be made to comprehend the underlying rationale and governing principles set out in these decisions. Correspondingly, this article will extract and underscore the lessons to be learned from these decisions and offer an appraisal on this imperative piece of legislation. It is hoped that such a discourse will provide parties embroiled in a civil suit involving a public authority with more clarity and certainty concerning this aspect of the law. Finally, this article will expound on the question of whether legislation such as the Public Authorities Protection Act 1948 has outlived its purpose and should be repealed.
| Item Type: | Article |
|---|---|
| Funders: | UNSPECIFIED |
| Uncontrolled Keywords: | Public authorities; Civil suits; Malaysia; Limitation period; Government Proceedings Act; Public Authorities Protection Act; |
| Subjects: | J Political Science > JQ Political institutions Asia K Law > K Law (General) |
| Divisions: | Faculty of Law |
| Depositing User: | Ms Zaharah Ramly |
| Date Deposited: | 26 Aug 2022 02:16 |
| Last Modified: | 26 Aug 2022 02:16 |
| URI: | http://eprints.um.edu.my/id/eprint/35175 |
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