Ten Thiam Choy v 1. ) Yip Kum Fook 2. ) Chim Hang Kuan 3. ) Low Mei Lan

ba-22ncvc-199-05-2025 High Court (Mahkamah Tinggi) 24 November 2025 • BA-22NCvC-199-05/2025 • 9 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

The Plaintiff applied for leave to amend the Writ and Statement of Claim pursuant to Order 20 rule 5 and/or Order 92 rule 4 of the Rules of Court 2012, asserting that the amendments were bona fide, non-prejudicial, and necessary to determine the real issues. The action initially included detailed allegations of fraud, forgery, and conspiracy against the Defendants. The Defendants filed a Defence raising res judicata and issue estoppel, arguing that the matters had been previously decided. The Plaintiff responded with a Reply maintaining the allegations and disputing the Defendants’ reliance on earlier proceedings. After pleadings closed, the Plaintiff sought amendments. The Court found the existing pleadings comprehensive, the amendments late and tactical, and likely to prejudice the Defendants. The application was therefore dismissed with RM3,000 costs.

Judges (1)

Anita binti Harun Delivered

Counsel (5)

Edwin Navis & Associates Firm Kenth Partnership Firm Balvinder Singh Kenth Counsel Defendant Edwin Johnson a/l Johnson Navis Counsel Plaintiff Ika Purnama Sari Counsel Defendant

Parties (4)

Chim Hang Kuan Defendant Low Mei Lan Defendant Ten Thiam Choy Plaintiff Yip Kum Fook Defendant

Cases Cited (3)

UK (1)

[1975] AC 581

MY (2)

[1993] 3 MLJ 36 [1995] 3 MLJ 189

Judgment

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Source: eJudgment (ba-22ncvc-199-05-2025)