Post by W.S. Saw

Partner at Nethi & Saw

Earlier this year, the UK Supreme Court decided Zedra Trust Co (Jersey) Ltd v THG plc [2026] 2 WLR 479, a landmark case on whether limitation periods apply to shareholder remedy petitions. In the course of its judgment, the Supreme Court cited a Malaysian High Court decision I argued — Tan Geok Hwa v Centamin Construction & Development Sdn Bhd [2019] MLJU 1500. That case, as far as I am aware, was the first in Malaysia to successfully establish that the statutory limitation period under our Limitation Act 1953 does not bar an oppression action under the Companies Act 2016, and that the applicable limitation framework should be determined by the nature of the cause of action rather than the remedy sought. It is that principle which the UK Supreme Court found to be consistent with its own conclusion, citing our case alongside a New Zealand authority. To see a Malaysian judgment find its way into a UK Supreme Court decision is a quiet reminder of how good legal reasoning crosses borders.

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