1. ) TAN SOO YONG 2. ) LEE CHA JUN 3. ) LEE HUI JUAN v ONE REALTY MARKETING SDN BHD
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Abstract This appeal is on the amendment application the trial judge dismissed. In the trial, the plaintiffs applied to amend the commissions and fees claimed from the defendant. It was made after the defendant suggested to the witness that certain commission types were unpleaded. The High Court found that the appeal could not be appealed to the Court of Appeal based on s 3 of the Courts of Judicature Act 1964 reinforced in Kempadang Bersatu and Asia Pacific Higher Learning. The decision is not final as it did not resolve the parties' rights. As the application came too late (about three years after the claim was filed), it lacked good faith and would unfairly disadvantage the defendant and significantly alter the character of the claim. The court made a decreasing tolerance for late amendments especially when they appear to be strategic responses to issues emerging during the trial. Keywords Amendment of pleadings – Delay; Civil procedure - Courts of Judicature Act 1964 – Prejudice - Change in character
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Read on eJudgmentSource: eJudgment (wa-12ancvc-208-11-2024)