AMBER COURT MANAGEMENT CORPORATION (NO. P.T. BTG. 15/B/13) LONELY PLANET INN SDN. BHD. (NO. SYARIKAT : 1012724-P)

AMBER COURT MANAGEMENT CORPORATION (NO. P.T. BTG. 15/B/13) LONELY PLANET INN SDN. BHD. (NO. SYARIKAT : 1012724-P)

The amendment was allowed because it was bona fide, filed before trial, did not change the nature or cause of action, caused no uncompensable prejudice to the plaintiff given opportunity to amend pleadings and costs were awarded, and explanations for timing (case transfer and change of counsel) were satisfactory; accordingly justice required permitting the amendment.

Citation
WA-22NCVC-498-08/2018 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Amber Court Management Corporation; Respondent/defendant: Lonely Planet Inn Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 September 2020
Case Number
WA-22NCVC-498-08/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Application for Leave to Amend Defence (pre Trial)
Outcome
Application allowed.
Legal Topics
Amendment of Pleadings, Order 20 Amendments, Strata Service Charges, Costs
Source Language
Malay/English
Civil Procedure Strata Management Contract Property Law Appeal Amendment of Pleadings Order 20 Amendments Strata Service Charges +1 more

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Parties

Amber Court Management Corporation

Appellant/plaintiff

Lonely Planet Inn Sdn. Bhd.

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Leave to Amend Defence (pre Trial)

Legal Issues

  1. 1 Whether the defendant should be permitted to amend the amended defence
  2. 2 Whether the proposed amendment is bona fide or an afterthought
  3. 3 Whether the amendment would cause undue delay or prejudice to the plaintiff

Ratio Decidendi

The amendment was allowed because it was bona fide, filed before trial, did not change the nature or cause of action, caused no uncompensable prejudice to the plaintiff given opportunity to amend pleadings and costs were awarded, and explanations for timing (case transfer and change of counsel) were satisfactory; accordingly justice required permitting the amendment.

Court Disposition

Application allowed.

Orders

  • Defendant granted leave to amend the amended defence as per proposed amendments in Annex A of the application
  • Defendant to pay costs to Plaintiff in the sum of RM 2000.00