Court of Appeal holds in [2026] SGCA 34 that damages claims under s 2(1) of the Misrepresentation Act 1967 are subject to s 6(1)(a) of the Limitation Act 1959 but limitation is postponed under s 29(1)(c) until the claimant could with reasonable diligence discover the misrepresentation.
The SGCA ruled that s 2(1) MA claims constitute statutory torts subject to a six-year limitation under s 6(1)(a) LA, but crucially held that such claims also qualify as actions for 'relief from the consequences of a mistake' under s 29(1)(c) LA, which postpones the limitation period. The court reasoned that misrepresentation is a species of mistake because it involves an erroneous belief induced by another's representation.
Why it mattersThis creates a more claimant-friendly limitation framework for misrepresentation damages by allowing postponement until discoverability rather than running from the date of the tort, significantly extending the potential window for claims.