PEMPETISYEN Abc Def PIHAK TERKILAN Xyz PIHAK YANG DINAMAKAN 1. ) WILLFAST MARKETING SDN. BHD. 2. ) Lu Chiew Yit

PEMPETISYEN Abc Def PIHAK TERKILAN Xyz PIHAK YANG DINAMAKAN 1. ) WILLFAST MARKETING SDN. BHD. 2. ) Lu Chiew Yit

The application to amend was dismissed because there was inordinate and unexplained delay, the applicant failed to demonstrate bona fides, the proposed amendments would fundamentally alter the character of the proceedings by introducing grave adultery allegations and a non-party, and the prejudice to the petitioner was substantive and not remediable by costs; the applicant therefore failed the Yamaha and Hong Leong tests.

Citation
BA-33-119-02/2023 (Mahkamah Tinggi)
Parties
Petitioner Husband: YAP HAN SIONG; Respondent Wife: TONG MEI CHOO; Co Respondent: ANDREW GREGORY SEWELL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2025
Case Number
BA-33-119-02/2023 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition Under Sections 53 and 54 of the Law Reform (marriage and Divorce) Act 1976 / Interlocutory Application to Amend Reply and Cross Petition Prior to Trial (application Encl 75)
Outcome
Application dismissed with costs.
Legal Topics
Amendment of Pleadings, Leave to Add Co Respondent, Allegations of Adultery, Delay and Bona Fides, Prejudice and Costs
Source Language
Malay/English
Family Law Civil Procedure Matrimonial Law Amendment of Pleadings Leave to Add Co Respondent Allegations of Adultery Delay and Bona Fides Prejudice and Costs

Case Brief

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Parties

YAP HAN SIONG

Petitioner Husband

TONG MEI CHOO

Respondent Wife

ANDREW GREGORY SEWELL

Co Respondent

Procedural Posture

Divorce Petition Under Sections 53 and 54 of the Law Reform (marriage and Divorce) Act 1976 / Interlocutory Application to Amend Reply and Cross Petition Prior to Trial (application Encl 75)

Legal Issues

  1. 1 Whether the amendment application was bona fide
  2. 2 Whether there was inordinate and unexplained delay
  3. 3 Whether the proposed amendments would alter the nature and character of the proceedings

Ratio Decidendi

The application to amend was dismissed because there was inordinate and unexplained delay, the applicant failed to demonstrate bona fides, the proposed amendments would fundamentally alter the character of the proceedings by introducing grave adultery allegations and a non-party, and the prejudice to the petitioner was substantive and not remediable by costs; the applicant therefore failed the Yamaha and Hong Leong tests.

Court Disposition

Application dismissed with costs.

Orders

  • Application in Encl 75 to amend Reply and Cross-Petition dismissed with costs