RANDY NG KAI SHENG v BEMED (PTJ) SDN. BHD.

wa-22ncc-46-01-2025 High Court (Mahkamah Tinggi) 1 April 2025 • WA-22NCC-46-01/2025

Catchwords

Order 20 rule 4(2) ROC 2012 allows a court to order an amendment made under rule 1(1) or rule 3(1) - which allows amendments to be made without leave of court before the pleadings are deemed to be closed - to be struck out if the court is satisfied that if an application for leave to make the amendment in question had been made under rule 5 at the date when the amendment was made under rule 1(1) or rule 3(1) leave to make the amendment would have been refused-Order 20 rule 4(2) ROC 2012 reads as follows-‘2) Where the Court hearing an application under this rule is satisfied that if an application for leave to make the amendment in question had been made under rule 5 at the date when the amendment was made under rule 1(1) or rule 3(1) leave to make the amendment or part of the amendment would have been refused, it shall order the amendment or that part to be struck out-“It is a guiding principle of cardinal importance on the question of amendment that, generally speaking, all such amendments ought to be made for the purpose of determining the real question in controversy between the parties to any proceedings or of correcting any defect or error in any proceedings.”-Meaning of ‘prejudice’ that cannot be compensated by costs-“Prejudice”, in the context of amendment applications, cannot mean that if the amendment is allowed, the chances of success of the litigation of the affected party will be severely diminished. “Prejudice” simply means that if the amendment is allowed, the party affected will be unable to pursue or defend the suit-typo can be cured by the court under Order 2 rule 1(1) ROC 2012

Practice Areas

Order 20 rule 4(2) ROC 2012 allows a court to order an amendment made under rule 1(1) or rule 3(1)

Judges (1)

Leong Wai Hong Delivered

Parties (2)

BEMED Sdn Bhd Defendant Randy Ng Kai Sheng Plaintiff

Case Significance

RANDY NG KAI SHENG v BEMED (PTJ) SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated April 1, 2025 (citation: wa-22ncc-46-01-2025). The case was decided by Leong Wai Hong.

What was the outcome of RANDY NG KAI SHENG v BEMED (PTJ) SDN. BHD.?

RANDY NG KAI SHENG v BEMED (PTJ) SDN. BHD. is a High Court decision dated April 1, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.