Limitation Law in Malaysia by Sujata Balan | 2026*

Limitation Law in Malaysia by Sujata Balan | 2026*

Limitation law occupies a central position in the administration of civil justice in Malaysia. It governs the time within which legal proceedings may be initiated, determines when rights are lost due to the passage of time, and identifies circumstances in which access to the courts is effectively precluded. Frequently invoked as a preliminary defence, limitation can decisively defeat claims at the outset. As such, it constitutes a substantive body of law that significantly influences the resolution of serious and often life-altering disputes.

Acknowledging the importance of time-bar provisions, this book offers a comprehensive examination of the limitation regime presently in force in both Peninsular Malaysia and East Malaysia. It sets out the legal principles governing limitation of actions and critically evaluates the current framework with a view to enhancing fairness, clarity, and certainty in the law. Detailed analysis is undertaken of the Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak, as well as other relevant legislation, to elucidate their complex provisions.

Adopting both a doctrinal and reform-focused perspective, the book integrates statutory interpretation, judicial authorities, and comparative insights to present a structured and coherent account of Malaysian limitation law. It also highlights areas where existing rules may lead to inequitable or inefficient results. Where relevant, developments in other common law jurisdictions are considered to explore alternative approaches that may better advance the interests of justice.

As a new volume in the Malaysian Litigation Series, this work serves as a modern and authoritative reference, equipping litigators with essential knowledge and proving invaluable to practitioners, members of the judiciary, academics, and students alike.

Key Features of Limitation Law in Malaysia by Sujata Balan:

• Extensive Coverage of Malaysian Limitation Law
  Offers broad and in-depth discussion of the principles governing limitation in Malaysia.
• Structured and Clear Legal Analysis
  Provides a coherent and systematic examination of the Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak, and other related statutes, reinforced by Malaysian and Commonwealth judicial authorities.
• Critical Evaluation of Existing Weaknesses
  Highlights deficiencies, uncertainties, and outdated aspects of Malaysia’s limitation regime that may result in unfairness to litigants.
• Reform-Focused Approach
  Moves beyond a mere statement of the law by exploring the necessity and direction of reform, drawing insights from developments in other common law jurisdictions.
• In-Depth Discussion of Complex and Developing Issues
  Covers challenging and evolving topics such as extension of limitation periods, acknowledgment and part payment, disability, fraud and concealment, equitable limitation, and the relationship between limitation rules and procedural law.
• Suitable for Both Academic and Professional Audiences
  Written with scholarly depth while remaining accessible, making it valuable for students, academics, practising lawyers, and members of the judiciary.
• A Practical Reference Resource
  Incorporates statutory materials, case summaries, and expert commentary to facilitate efficient and dependable legal research.
• Promotes a Fair and Contemporary Approach to Time-Barred Claims
  Examines how the law can more effectively strike a balance between legal certainty and meaningful access to justice in Malaysia.

Table of Contents of Limitation Law in Malaysia by Sujata Balan:

1. An Overview of Limitation Laws in Malaysia
2. Limitation Periods for Contracts
3. Limitation Periods for Specific Contracts
4. Limitation Periods for Actions in Tort
5. Limitation Periods for Actions Concerning Land and Charges Over Land, Trusts and Estates
6. Special Periods of Limitation
7. Enlargement of Time

About the Authors:

Sujata Balan is an Associate Professor at the Faculty of Law, Universiti Malaya, Kuala Lumpur, where she has served since 2006. Before entering academia, she practised at a prominent Kuala Lumpur law firm, handling matters in General Litigation, Building and Construction, and Arbitration.

Her teaching portfolio includes Civil Procedure, Business and Company Law, and Trust Law. Her present research focuses on specific aspects of Civil Procedure, Business and Company Law, Corporate Insolvency, and the regulation of Social Enterprises. She has produced over 30 scholarly works, including academic textbooks, peer-reviewed journal articles, book chapters, encyclopaedia contributions, and conference papers. She holds a PhD and LLM from Universiti Malaya, as well as an LLB from the University of London.