11 Jul 2006
BOWARDLEY ENTERPRISES LTD AND ANOTHER v. MILLENNIUM GROUP LTD
- Citation
- BOWARDLEY ENTERPRISES LTD AND ANOTHER v. MILLENNIUM GROUP LTD
- Court
- Court of Appeal
- Case number
- CACV242/2005
The Court held Lim Ban Thoon was not decided per incuriam and remains binding; applying the purposive interpretation of section 35(3) in context of the rules of court, the relevant time for limitation is the date the application to amend is filed (the summons), not the date the court grants leave or the amendment is engrossed, and therefore the judge was entitled to allow the amendment; Order 15 r.6(6)(a) did not apply to these facts.