1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN v 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

wa-12ancc-3-01-2025 High Court (Mahkamah Tinggi) 17 June 2025 • WA-12ANCC-3-01/2025 • 5 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Civil Procedure — Amendment of pleadings — Application to amend statement of claim disallowed by Sessions Court — Appeal allowed by High Court — Applicable principles on amendment — Whether application made bona fide — Whether any prejudice caused to opposing party can be compensated by costs — Whether amendments would change the nature and character of the action — Court considering whether real issues in controversy should be decided once and for all — Rules of Court 2012, O 20 — Whether amendments arose from same factual matrix — Whether amendments should be allowed to avoid multiplicity of proceedings

Practice Areas

Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Counsel (6)

Chambers of Aminahtul Mardiah Firm Sivagurunathan & Co. Firm Chan Yuet Liang Counsel Respondent Damian Keithan Counsel Respondent Nurul Athilah Suhaimi Counsel Appellant Zeti Zulfah Zulkifli Counsel Appellant

Parties (7)

AWA NEW PARTS Sdn Bhd Appellant CARSTO GARAGE Sdn Bhd Respondent Fong Min Yi Respondent Khu Weng Shen Respondent Ng Chun Kit Respondent Winston Chin Weng Fai Respondent Yip Wai Kean Appellant

Case Significance

1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN v 1. ) WINSTON CHIN WENG FAI 2. ... is a High Court (Mahkamah Tinggi) decision dated June 17, 2025 (citation: wa-12ancc-3-01-2025). The case was decided by Mohd Arief Emran bin Arifin.

What was the outcome of 1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN v 1. ) WINSTON CHIN WENG FAI 2. ...?

1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN v 1. ) WINSTON CHIN WENG FAI 2. ... is a High Court decision dated June 17, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.

Cases Cited (2)

MY (2)
[1983] 1 MLJ 213 [2012] 1 AMR 344

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancc-3-01-2025)