NO LIMITATION FOR UNJUST ENRICHMENT CLAIMS IN WEST MALAYSIA?

Abstract

Unjust enrichment was only recognised as an independent cause of action in the United Kingdom in 1991 through the case of Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548. Singapore’s Court of Appeal in the case of Esben Finance Ltd v Wong Hou-Lianq Neil [2022] SGCA(I) 1 (“Esben Finance”) has held that claims in unjust enrichment, do not come within the ambit of the Singapore’s Limitation Act 1959 and therefore such claims in unjust enrichment, are not time-barred. West Malaysia’s Limitation Act 1953 share a common legislative history with the Singapore’s Limitation Act 1959 as both are modelled after the English law of limitations. This principle in Esben Finance should thus be adopted in West Malaysia.