1. ) BEVERLY DENTISTREE SDN BHD 2. ) NATASHA BEVERLY DENTAL SDN BHD ARLENA PHILIP LEE PIHAK TERKILAN 1. ) BEVERLY DENTISTREE SDN BHD 2. ) NATASHA BEVERLY DENTAL SDN BHD 3. ) NATASHA BEVERLY SDN BHD 4. ) Francis Ng Tian Sang 5. ) Howard Ng H

1. ) BEVERLY DENTISTREE SDN BHD 2. ) NATASHA BEVERLY DENTAL SDN BHD ARLENA PHILIP LEE PIHAK TERKILAN 1. ) BEVERLY DENTISTREE SDN BHD 2. ) NATASHA BEVERLY DENTAL SDN BHD 3. ) NATASHA BEVERLY SDN BHD 4. ) Francis Ng Tian Sang 5. ) Howard Ng H

The impugned amendments were filed before pleadings closed in compliance with Order 20 r.3, were bona fide clarifications anchored to the original cause of action, did not change the character of the suit nor withdraw admissions, and caused no irremediable prejudice; therefore the applicant failed to show that leave under r.5 would inevitably have been refused and the application under r.4 was dismissed.

Citation
WA-22NCC-286-05/2025 (Mahkamah Tinggi)
Parties
Plaintiff (1st): Beverly Dentistree Sdn Bhd; Plaintiff (2nd): Natasha Beverly Dental Sdn Bhd; Defendant (original Action): Arlena Philip Lee; Counterclaim Defendant (3rd): Natasha Beverly Sdn Bhd; Counterclaim Defendant (4th): Francis Ng Tian Sang; Counterclaim Defendant (5th): Howard Ng How Er; Counterclaim Defendant (6th): Alexander Ng Zhonglie
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 February 2026
Case Number
WA-22NCC-286-05/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial (rules of Court 2012; Interlocutory Application) / Interlocutory Application Under Order 20 Rule 4 to Disallow Amendments (pre‑trial)
Outcome
Defendant's application to disallow the impugned amendments (Enclosure 25) dismissed; amendments maintained.
Legal Topics
Amendment of Pleadings, Breach of Fiduciary Duty, Counterclaim, Prejudice, Costs
Source Language
Malay/English
Civil Procedure Company Law Equity and Trusts Employment Law Amendment of Pleadings Breach of Fiduciary Duty Counterclaim Prejudice +1 more

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Parties

Beverly Dentistree Sdn Bhd

Plaintiff (1st)

Natasha Beverly Dental Sdn Bhd

Plaintiff (2nd)

Arlena Philip Lee

Defendant (original Action)

Natasha Beverly Sdn Bhd

Counterclaim Defendant (3rd)

Francis Ng Tian Sang

Counterclaim Defendant (4th)

Howard Ng How Er

Counterclaim Defendant (5th)

Alexander Ng Zhonglie

Counterclaim Defendant (6th)

Procedural Posture

Civil Commercial (rules of Court 2012; Interlocutory Application) / Interlocutory Application Under Order 20 Rule 4 to Disallow Amendments (pre‑trial)

Legal Issues

  1. 1 Whether the impugned amendments were procedurally valid under Order 20 r.3 ROC 2012
  2. 2 Whether the amendments were bona fide or tactical
  3. 3 Whether the amendments changed the character of the suit

Ratio Decidendi

The impugned amendments were filed before pleadings closed in compliance with Order 20 r.3, were bona fide clarifications anchored to the original cause of action, did not change the character of the suit nor withdraw admissions, and caused no irremediable prejudice; therefore the applicant failed to show that leave under r.5 would inevitably have been refused and the application under r.4 was dismissed.

Court Disposition

Defendant's application to disallow the impugned amendments (Enclosure 25) dismissed; amendments maintained.

Orders

  • Defendant's application in Enclosure 25 dismissed
  • Amendments in Enclosure 23 (3rd–6th Amended Defence to Counterclaim) and Enclosure 24 (Amended Statement of Claim) are permitted to stand