Interlocutory appeal

3 cases · January 2025 to September 2025

Key Issues & Sub-Topics

Civil Procedure — Amendment — Statement of claim amended without leave — Amendment filed before pleadings deemed to be closed — Amendment made at an early stage of proceeding — Whether regular and in order — Application to disallow amendment made without leave — No cogent grounds — Non-appearance of solicitor during hearing — Appeal dismissed — Order 20 Rule 3 & 4 of the Rules of Court 2012 1 Civil Procedure — Summary judgment — Loan agreement — Recovery of loan sum — Whether there were triable issues — Whether the loan was disbursed — Whether action filed within time limitation — Accrual of cause of action — Whether the calculation interest is correct — Appeal dismissed — Magistrate’s decision affirmed — Order 14 Rule 1 of the Rules of Court 2012 1 For a detention and/or preservation of the sum of RM350,000.00 to be paid by the second defendant to the plaintiff in the Session Court Ampang within 7 days from the date of the Order — Whether the balance of convenience lies in allowing the preservation order — Whether there is a serious issue to be tried — The plaintiff and the 1st defendant executed a Joint Venture Agreement to purchase a 48-acre land at Pandan Perdana — The plaintiff paid the money into the second defendant’s account at the request of the first defendant — The second defendant acknowledged the payment and subsequently pay the money to the first defendant — The first defendant denied the plaintiff’s allegation regarding the payment sum RM350,000.00. 1

Civil Procedure — Amendment — Statement of claim amended without leave — Amendment filed before pleadings deemed to be closed — Amendment made at an early stage of proceeding — Whether regular and in order — Application to disallow amendment made without leave — No cogent grounds — Non-appearance of solicitor during hearing — Appeal dismissed — Order 20 Rule 3 & 4 of the Rules of Court 2012 1 case

Civil Procedure — Summary judgment — Loan agreement — Recovery of loan sum — Whether there were triable issues — Whether the loan was disbursed — Whether action filed within time limitation — Accrual of cause of action — Whether the calculation interest is correct — Appeal dismissed — Magistrate’s decision affirmed — Order 14 Rule 1 of the Rules of Court 2012 1 case

For a detention and/or preservation of the sum of RM350,000.00 to be paid by the second defendant to the plaintiff in the Session Court Ampang within 7 days from the date of the Order — Whether the balance of convenience lies in allowing the preservation order — Whether there is a serious issue to be tried — The plaintiff and the 1st defendant executed a Joint Venture Agreement to purchase a 48-acre land at Pandan Perdana — The plaintiff paid the money into the second defendant’s account at the request of the first defendant — The second defendant acknowledged the payment and subsequently pay the money to the first defendant — The first defendant denied the plaintiff’s allegation regarding the payment sum RM350,000.00. 1 case

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