PERSPEKTIF MASA SDN BHD v SABAH DEVELOPMENT BANK BERHAD

ba-22ncvc-490-11-2023 High Court (Mahkamah Tinggi) 2 February 2025 • BA-22NCvC-490-11/2023 • 25 min read

12 cases cited (0 SG, 12 foreign)

Catchwords

INTERLOCUTORY APPLICATION: Application to amend the Writ and Statement of Claim dated 29 November 2023 – An amendment to include additional parties as defendants – The application was filed after the plaintiff’s application for injunction dismissed and striking out application filed by the defendant - Whether the application to amend the writ is bona fide and would not, in effect, turn the suit from one character into a suit of another inconsistent character - Whether the prejudice caused to the defendant can be compensated by costs - Whether there is a delay in amending the Writ and Statement of Claim - Whether the plaintiff can rely on Order 1A Rules of Court to support the amendment application. CIVIL PROCEDURE: Amendment of writ or pleading with leave – Duty of Court to uphold justice in accordance with the rules of the court - O.20 r.5 and O.1A Rules of Court 2012

Judges (1)

Hazizah binti Kassim Delivered

Counsel (7)

Lai & Associates Firm Shook Lin & Bok Firm Cheah See Yan Counsel Plaintiff Eric Lai Tack Sng Counsel Plaintiff Jay Kah Mui Woon Counsel Defendant Marianne Loh Suet May Counsel Defendant T. Geetha Counsel Plaintiff

Parties (2)

PERSPEKTIF MASA Sdn Bhd Plaintiff Sabah Development Bank Berhad Defendant

Statutes Cited

Rules of Court 2012

Cases Cited (12)

UK (3)

[1978] 1 QB 146 [1978] QB 159 [1992] 4 All ER 331

MY (9)

[1975] 2 MLJ 1 [1993] 2 AMR 1969 [1993] 3 MLJ 16 [2007] 7 MLJ 481 [2009] 2 MLJ 546 [2011] 5 MLJ 875 [2012] 3 CLJ 401 [2013] 1 MLJ 507 [2016] 3 CLJ 1

Judgment

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Source: eJudgment (ba-22ncvc-490-11-2023)