SUN-TECH STEEL ENGINEERING SDN BHD (COMPANY NO.: 856787-T) PURECANE MANUFACTURING SDN BHD (COMPANY NO.: 752763-A)

SUN-TECH STEEL ENGINEERING SDN BHD (COMPANY NO.: 856787-T) PURECANE MANUFACTURING SDN BHD (COMPANY NO.: 752763-A)

The High Court held the Sessions Court correctly granted leave to amend under Order 20 r 5: the amendments were prompted by a DOSH memo received after close of pleadings, were bona fide, were made promptly, caused no undue prejudice that could not be compensated by costs, and did not change the character of the suit; accordingly the appeal was dismissed and the lower court's order to amend was affirmed.

Citation
JB-12A-1-06/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Sun-Tech Steel Engineering Sdn Bhd; Respondent/defendant: Purecane Manufacturing Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2020
Case Number
JB-12A-1-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Decision on Appeal Regarding Amendment of Pleadings
Outcome
Appeal dismissed; decision of the Sessions Court Judge allowing amendment of the Statement of Defence and Counterclaim affirmed
Legal Topics
Amendment of Pleadings, Counterclaim, Misrepresentation, Damages for Business Loss, Specific Performance
Source Language
Malay/English
Civil Procedure Contract Law Commercial Law Occupational Safety Regulation Amendment of Pleadings Counterclaim Misrepresentation Damages for Business Loss +1 more

Case Brief

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Parties

Sun-Tech Steel Engineering Sdn Bhd

Appellant/plaintiff

Purecane Manufacturing Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Decision on Appeal Regarding Amendment of Pleadings

Legal Issues

  1. 1 Whether leave to amend pleadings should be granted under Order 20 Rule 5 Rules of Court 2012
  2. 2 Whether the amendment application was bona fide
  3. 3 Whether any prejudice to the opposing party could be compensated by costs

Ratio Decidendi

The High Court held the Sessions Court correctly granted leave to amend under Order 20 r 5: the amendments were prompted by a DOSH memo received after close of pleadings, were bona fide, were made promptly, caused no undue prejudice that could not be compensated by costs, and did not change the character of the suit; accordingly the appeal was dismissed and the lower court's order to amend was affirmed.

Court Disposition

Appeal dismissed; decision of the Sessions Court Judge allowing amendment of the Statement of Defence and Counterclaim affirmed

Orders

  • Appeal dismissed with costs
  • Decision of the Learned Sessions Court Judge affirmed