TETUAN AZMI FADZLY MAHA & SIM v EMILIA BINTI HANAFI

wa-22ncvc-709-12-2023 High Court (Mahkamah Tinggi) 24 September 2025 • WA-22NCvC-709-12/2023

Catchwords

Application for leave to amend defence and counterclaim. The case concerns the defendant’s application for leave to amend her Amended Statement of Defence and Counterclaim under O20 r5 of RC 2012. The court finds that the defendant had deliberately disregarded clear case management directions and attempted to regularise unauthorised pleadings. The Court holds that the purported amendment improperly sought to introduce a fresh counterclaim without compliance with O15 r2 of RC 2012 and was procedurally defective. The application lacked bona fides and constituted an abuse of process. The application was dismissed.

Practice Areas

Civil Procedure

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

TETUAN AZMI FADZLY MAHA & SIM Plaintiff Emilia binti Hanafi Defendant

Judgment

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Read on eJudgment

Source: eJudgment (wa-22ncvc-709-12-2023)