[2014] SGHC 41

“I am aware that in Lim Siew Bee v Lim Boh Chuan and another [2014] SGHC 41 Belinda Ang J gave a different explanation of the meaning of “fraud” in s 22(1)(a) of the Limitation Act. Relying on Lord Denning MR’s judgment in Applegate v Moss [1971] 1 QB 406 (“Applegate”) at 41”

“r the burden of proving that they could not have discovered the fraud without exceptional measures which they could not reasonably have been expected to take: Lim Siew Bee v Lim Boh Chuan and another [2014] SGHC 41 (“Lim Siew Bee”) at [131].”

“ed by the defendant, the plaintiff has the burden of proving that it could not have discovered the fraud without taking exceptional and unreasonable measures: Lim Siew Bee v Lim Boh Chuan and another [2014] SGHC 41 at [131]; Horner v Allison and another [2014] EWCA Civ 117 at [16].”

“imself of the lapse of time, similar to that which results in the postponement of the limitation period on grounds of fraud in s 29 of the Limitation Act (see Lim Siew Bee v Lim Boh Chuan and another [2014] SGHC 41 at [112]; Terence Prime and Gary Scanlan, The Law of Limitation (2nd Ed, Oxford University Press, 2001) (”