ORIENTAL STEEL PIPE SDN BHD v UNITED SECURITY SERVICES SDN BHD

ba-12ancvc-21-04-2024 High Court (Mahkamah Tinggi) 20 January 2025 • BA-12ANCvC-21-04/2024 • 14 min read

9 cases cited (0 SG, 9 foreign)

Catchwords

This appeal by the Appellant/Plaintiff arises from the Sessions Court's decision to allow the Respondent/Defendant’s application to amend its Defence. Dissatisfied with that decision, the Appellant/Plaintiff has filed the present appeal. Beyond the substantive issue of whether the Sessions Court was correct in allowing the Respondent/Defendant’s application to amend its Defence, this appeal also raises a critical preliminary procedural question: whether a subordinate court’s decision to allow or disallow an application to amend pleadings, as in this case, is appealable. The primary issue for consideration in this appeal is the question of whether the decision by the Sessions Court which allowed the Respondent/Defendant to amend its Defence is appealable to this Court. If the answer to the above question is in the affirmative, this Court is required to deliberate on the issue of whether the Sessions Court properly exercised its discretion in allowing the said application by the Respondent/Defendant.

Judges (1)

Choong Yeow Choy Delivered

Counsel (6)

K. Siladass & Partners Firm Y.Y. Ho & Lee Firm Allisa Loh Yee Shin Counsel Appellant Amirah Najihah binti Ameruddin Counsel Appellant Ho Yuk Yuen Counsel Appellant Mandave Singh Gill a/l Harinder Singh Counsel Respondent

Parties (2)

ORIENTAL STEEL PIPE Sdn Bhd Appellant UNITED SECURITY SERVICES Sdn Bhd Respondent

Case Significance

ORIENTAL STEEL PIPE SDN BHD v UNITED SECURITY SERVICES SDN BHD is a High Court (Mahkamah Tinggi) decision dated January 20, 2025 (citation: ba-12ancvc-21-04-2024). The case was decided by Choong Yeow Choy.

What was the outcome of ORIENTAL STEEL PIPE SDN BHD v UNITED SECURITY SERVICES SDN BHD?

ORIENTAL STEEL PIPE SDN BHD v UNITED SECURITY SERVICES SDN BHD is a High Court decision dated January 20, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

s 28 s 3 s 67

Federal Constitution

Cases Cited (9)

UK (1)

[1910] AC 444

MY (8)

[1985] 2 MLJ 449 [2007] 6 MLJ 581 [2020] 2 AMR 517 [2020] 2 MLJ 1 [2020] 3 CLJ 153 [2024] 4 CLJ 353 [2024] 4 MLJ 770 [2024] AMEJ 0258

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12ancvc-21-04-2024)