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)
Judgment
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