SHUM CHING JOO v 1. ) AIA BERHAD 2. ) AIA GENERAL BERHAD
Catchwords
Civil Procedure — Amendment without leave made after close of pleadings — Defence and Counterclaim — Whether requirements of O 20 r 3 mandatory — Whether extension of time can be granted to regularize filing of O 20 r 3 amendment after close of pleadings — Whether such filing of amended defence and counterclaim under O 20 r 3 after close of pleadings amounts to an abuse of process — Whether amendment should be disallowed under O 20 r 4 — Whether the Court can strike out such pleading — Whether the late filing of the Amended Defence and Counterclaim under O 20 r 3 constitutes a procedural irregularity curable under Order 3 rule 5 — Whether procedural safeguards under O 20 r 5 rendered otiose if late amendments permitted without leave — Whether striking out warranted under O 18 r 19(1)(d) and O 92 r 4 — Rules of Court 2012, O.1A, O.2 r.1, O.3 r.5, O.18 r.19(1)(d), O.20 rr.1, 3, 4 & 5, O.41 rr.4 & 5, and O.92 r.4 Civil Procedure — Affidavits — Defective affidavits — Defendants’ affidavits deposed by their solicitors — Whether for parties or their solicitors to affirm affidavits — Plaintiff’s affidavit contain future event — Whether the defect in the plaintiff’s affidavit amounts to a mere irregularity that may be cured under Order 41 rule 4 of the Rules.
Practice Areas
Judges (1)
Case Significance
SHUM CHING JOO v 1. ) AIA BERHAD 2. ) AIA GENERAL BERHAD is a High Court (Mahkamah Tinggi) decision dated May 1, 2025 (citation: wa-22ncc-860-12-2024). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of SHUM CHING JOO v 1. ) AIA BERHAD 2. ) AIA GENERAL BERHAD?
SHUM CHING JOO v 1. ) AIA BERHAD 2. ) AIA GENERAL BERHAD is a High Court decision dated May 1, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-860-12-2024)