Another victory at the Court of Appeal. The Court of Appeal ruled that the Limitation issue raised by the Government of Malaysia, the opponent in our clients’ suit, is a triable issue. The Court of Appeal allowed our clients’ appeal with costs of RM 8,000.00 and reinstated our clients’ suit against the Government and 6 other veterinarians and ordered a full trial in the matter.
On 21.4.2020 our clients, husband and wife who are dairy cattle breeders sued the Government of Malaysia and 6 others for negligence in supplying 42 dairy cows infected with food and mouth disease (FMD) on 16.12.2010 and 7.1.2011 respectively which resulted in the deaths of all the cows supplied and 77 other dairy cows in the farm. Culling was also carried out on 28.12.2011.
Request for compensation from the Government was rejected on 30.8.2019. High Court struck out our clients’ suit saying time barred under s.2(a) of the Public Authorities Protection Act,(PAPA) 1948. Date of the culling was taken as the date the cause of action accrued. We appealed against the decision and the Court of Appeal ruled that it is a triable issue and allowed our clients’ appeal.
