NGOH MOEI CHIN v 1. ) PALMANI THEVAN A/L BALAKRISHNAN 2. ) JANAKI A/P SUPURMANIAM
Catchwords
Divorce — Amendment of pleadings — Application for leave to amend answer to divorce petition — Whether amendments bona fide — Whether amendments introduced new and inconsistent cause — Whether prejudice compensable by costs — Whether proceedings still at pleading stage — Rule 22 read with Rule 15 Divorce and Matrimonial Proceedings Rules 1980 — O 20 r 5 Rules of Court 2012 — Principles in Yamaha Motor Co Ltd v Yamaha Malaysia Sdn Bhd — Whether amendments necessary to determine real controversy — Whether amendment relating to matrimonial home fell within ancillary jurisdiction under s 76 Law Reform (Marriage and Divorce) Act 1976 — Whether delay fatal to amendment application. Divorce — Pleadings — Amendment withdrawing or qualifying admissions — Whether party permitted to retract admissions contained in original answer — Whether original pleading remained admissible as prior inconsistent statement — Whether estoppel under s 115 Evidence Act 1950 arose — Whether issue of estoppel matter for trial — Whether amendment prejudiced opposing party — Whether interests of justice favoured determination on merits. Civil Procedure — Amendment — Liberal approach to amendments — Distinction between textual amendments, procedural realignment, substantive amendments and withdrawal of admissions — Whether amendment transformed character of suit — Whether prejudice compensable by costs — Whether delay alone sufficient to refuse amendment. Civil Procedure — Written submissions — Late filing — Preliminary objection to expunge written submissions filed out of time — Whether written submissions constituted pleadings or evidence — Whether written submissions merely aids to court — Whether expunction order of last resort — Whether absence of unless order material — Whether prejudice curable by reply submissions and oral submissions — O 1A, O 2 r 1(2) and O 34 Rules of Court 2012 — Right to be heard — Procedural non-compliance as irregularity. Civil Procedure — Case management — Non-compliance with court directions — Whether court should strike out or expunge for isolated procedural breach — Whether conduct intentional and contumelious — Whether delay explained by bereavement and change of counsel in pro bono representation — Whether overriding objective favoured substantive determination. Evidence — Admissions — Pleadings — Evidentiary status of original pleading after amendment — Whether original answer signed by party admissible for cross-examination and impeachment — Prior inconsistent statement — Weight and credibility reserved for trial. Family Law — Matrimonial assets — Matrimonial home — Beneficial interest — Whether claim concerning matrimonial property properly raised in divorce proceedings — Section 76 Law Reform (Marriage and Divorce) Act 1976.
Practice Areas
Judges (1)
Judgment
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