BINTAI GEMILANG PETROLEUM ENGINEERING SDN. BHD v MAGNALOGIC SDN. BHD

wa-22ncc-460-07-2023 High Court (Mahkamah Tinggi) 25 June 2024 • WA-22NCC-460-07/2023 • 6 min read
2 cases cited (0 SG, 2 foreign)

Outcome

the Amendment Application is allowed would not be able to be compensated by costs. [17] Based on the findings as set out, the court finds that the tests to amend pleadings as set out in Yamaha Motors (supra) have not been met. D. Decision [18] It is on the basis of the findings above that the court dismissed the Amendment Application, with costs.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22ncc-460-07-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

CIVIL PROCEDURE: Application to amend defence - Whether amended defence is a complete departure from the pleaded case - Rules of Court 2012, order 20 rule 5

Practice Areas

Civil Procedure

Judges (1)

Adlin binti Abdul Majid Delivered

Counsel (6)

Halim Hong & Quek Firm Saiful, Roger & Co. Firm Ankit Sanghvi Counsel Plaintiff Chew Jin Heng Counsel Plaintiff Muhamad Izham Pandak Mohamad Counsel Defendant Nur Afiqah Mohd Ashriee Counsel Defendant

Parties (2)

BINTAI GEMILANG PETROLEUM ENGINEERING Sdn Bhd Plaintiff MAGNALOGIC Sdn Bhd Defendant

Statutes Cited

Rules of Court 2012

Cases Cited (2)

MY (2)
[1983] 1 MLJ 213 [1998] 2 MLJ 301

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-460-07-2023)