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

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.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

TETUAN AZMI FADZLY MAHA & SIM Plaintiff Emilia binti Hanafi Defendant

Case Significance

TETUAN AZMI FADZLY MAHA & SIM v EMILIA BINTI HANAFI is a High Court (Mahkamah Tinggi) decision dated September 24, 2025 (citation: wa-22ncvc-709-12-2023). The case was decided by Ahmad Shahrir b. Mohd Salleh.

What was the outcome of TETUAN AZMI FADZLY MAHA & SIM v EMILIA BINTI HANAFI?

TETUAN AZMI FADZLY MAHA & SIM v EMILIA BINTI HANAFI is a High Court decision dated September 24, 2025. The case was heard by Ahmad Shahrir b. Mohd Salleh. See the full judgment for details.