KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

The application was dismissed because the proposed amendments would change the essential character of the suit by introducing new parties and a fundamentally different factual narrative, were filed after an inordinate unexplained delay (approximately 18 months) indicating lack of bona fides, and would cause prejudice to the opposing parties that could not be compensated by costs; procedural marking defects were cured but did not outweigh these factors.

Citation
WA-22NCC-489-07/2023 (Mahkamah Tinggi)
Parties
Plaintiff (original Action) / First Defendant (counterclaim): Kenanga Investors Berhad; First Defendant (original Action) / First Plaintiff (counterclaim): Zulrafq Capital Sdn Bhd; Second Defendant (original Action) / Second Plaintiff (counterclaim): Tan Sri Zulhasnan bin Rafique; Second Defendant (counterclaim): Muhammad Taqiuddin Halim; Third Defendant (counterclaim): Datuk Wira Ismitz Matthew
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2025
Case Number
WA-22NCC-489-07/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Contract Dispute With Interlocutory Application to Amend Pleadings Under Rules of Court 2012 / Interlocutory Application to Amend Defence and Counterclaim Dismissed; Trial Scheduled for September 2025
Outcome
Defendants' Notice of Application dated 25.1.2025 dismissed with costs
Legal Topics
Amendment of Pleadings, Order 20 Rule 5 ROC, Delay and Prejudice in Amendments, Specific Performance, Practice Directions Compliance
Source Language
Malay/English
Civil Procedure Commercial Law Contract Law Amendment of Pleadings Order 20 Rule 5 ROC Delay and Prejudice in Amendments Specific Performance Practice Directions Compliance

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Parties

Kenanga Investors Berhad

Plaintiff (original Action) / First Defendant (counterclaim)

Zulrafq Capital Sdn Bhd

First Defendant (original Action) / First Plaintiff (counterclaim)

Tan Sri Zulhasnan bin Rafique

Second Defendant (original Action) / Second Plaintiff (counterclaim)

Muhammad Taqiuddin Halim

Second Defendant (counterclaim)

Datuk Wira Ismitz Matthew

Third Defendant (counterclaim)

Procedural Posture

Commercial Contract Dispute With Interlocutory Application to Amend Pleadings Under Rules of Court 2012 / Interlocutory Application to Amend Defence and Counterclaim Dismissed; Trial Scheduled for September 2025

Legal Issues

  1. 1 Whether the proposed amendments should be allowed under Order 20 Rule 5 ROC
  2. 2 Whether the proposed amendments change the character of the suit
  3. 3 Whether there was inordinate delay and whether cogent reasons were provided

Ratio Decidendi

The application was dismissed because the proposed amendments would change the essential character of the suit by introducing new parties and a fundamentally different factual narrative, were filed after an inordinate unexplained delay (approximately 18 months) indicating lack of bona fides, and would cause prejudice to the opposing parties that could not be compensated by costs; procedural marking defects were cured but did not outweigh these factors.

Court Disposition

Defendants' Notice of Application dated 25.1.2025 dismissed with costs

Orders

  • Defendants\' Notice of Application dated 25.1.2025 (Enclosure 182) dismissed
  • Defendants to proceed to trial on the basis of the Defence and Counterclaim dated 10.8.2023 without the proposed amendments in Lampiran A