1. ) Wu Sor Hwa 2. ) Artisan Pesona Sdn Bhd 3. ) Primary Capital Sdn Bhd v 1. ) Loke Yeu Loong 2. ) Loke Yunn Xi

wa-22ncc-279-04-2024 High Court (Mahkamah Tinggi) 27 August 2025 • WA-22NCC-279-04/2024

Catchwords

Civil Procedure – Amendment of pleadings – Statement of Claim – Joinder of parties – Addition of defendant – Late application – Order 34 Rule 1 Rules of Court 2012 - Whether the "ample latitude" generally afforded to litigants to amend pleadings under the Yamaha Motor principles remains the sole consideration when an application is made on the eve of trial, or whether additional factors such as the onus to provide a cogent explanation for delay and the impact on trial dates become primary considerations. Trial Management – Case management – Derailment of trial – Fair disposal of case – Pre-trial directions – Witness statements – Whether the Court should exercise its discretion to allow an amendment that would derail fixed trial dates, necessitate fresh pre-trial procedures, and potentially delay the final disposal of the case by over a year, thereby causing significant prejudice to the existing defendants. Legal Principles – Yamaha Motor rules – Cogent and reasonable explanation – Inordinate delay – Prejudice – Bona fides – Tactical manoeuvre – Impact of Inordinate Delay without Cogent Explanation – Whether an application to add a new defendant and amend the claim should be dismissed when the applicant has had knowledge of the relevant facts (the existence of specific shares) for two years but failed to provide a reasonable or cogent explanation for the delay in filing the application until one month before the trial. Company & Commercial Law – Shares – Redemption of shares – RCPS (Redeemable Convertible Preference Shares) – Mareva injunction – Stakeholders account. Fraud – Fraud on creditors – Judgment debtor – Wrongful transfer of assets. Effect of Conduct and Consent Orders on Future Applications – Whether a plaintiff’s prior conduct—specifically agreeing to a consent order to accept a redemption sum as security in a stakeholders account instead of pursuing a restraining order for shares—precludes them from later seeking to add the company involved in that redemption as a party to the suit.

Practice Areas

Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Parties (5)

Artisan Pesona Sdn Bhd Plaintiff Primary Capital Sdn Bhd Plaintiff Loke Yeu Loong Defendant Loke Yunn Xi Defendant Wu Sor Hwa Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-279-04-2024)