CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)

CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)

Amendment allowed because the proposed counterclaim and set-off were bona fide, arose from the same factual and legal matrix already pleaded, did not change the character of the suit, the delay was satisfactorily explained given interrelated parallel proceedings, and any prejudice to Plaintiffs was compensable by costs and manageable by case management directions (costs fixed at RM1,000).

Citation
CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)
Parties
First Plaintiff: Mohamad Lokman Nurhakie Bin Hasan; Second Plaintiff: Julina Liza Binti Mohamed; First Defendant: Muhammad Latif Bin Mohd Zaid; Second Defendant: Yeriko Eting; Third Defendant: Mohammed Rizaly Bin Ahmad; Fourth Defendant: Sparrow Express (M) Sdn. Bhd.; First Third Party: Wakil Diri Kepada Harta Pusaka Si Mati Gurumoorthy A/L Vasu; Second Third Party: Pavithra A/P Rama Sundran
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 June 2025
Case Number
CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (fatal Road Accident; Personal Injury/negligence) / Interlocutory (amendment Application; Trial Ongoing)
Outcome
Application to amend Defence allowed with costs
Legal Topics
Amendment of Pleadings, Order 20 Rule 5 ROC 2012, Counterclaim, Set Off, Consolidation and Joinder
Source Language
Malay/English
Civil Procedure Tort (negligence) Pleadings and Amendments Civil Litigation Management Amendment of Pleadings Order 20 Rule 5 ROC 2012 Counterclaim Set Off +1 more

Case Brief

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Parties

Mohamad Lokman Nurhakie Bin Hasan

First Plaintiff

Julina Liza Binti Mohamed

Second Plaintiff

Muhammad Latif Bin Mohd Zaid

First Defendant

Yeriko Eting

Second Defendant

Mohammed Rizaly Bin Ahmad

Third Defendant

Sparrow Express (M) Sdn. Bhd.

Fourth Defendant

Wakil Diri Kepada Harta Pusaka Si Mati Gurumoorthy A/L Vasu

First Third Party

Pavithra A/P Rama Sundran

Second Third Party

Procedural Posture

Civil Suit (fatal Road Accident; Personal Injury/negligence) / Interlocutory (amendment Application; Trial Ongoing)

Legal Issues

  1. 1 Whether leave to amend Defence to add counterclaim and set-off should be granted under Order 20 Rule 5 ROC 2012
  2. 2 Whether the proposed amendment alters the character of the suit
  3. 3 Whether delay in making the amendment is justified

Ratio Decidendi

Amendment allowed because the proposed counterclaim and set-off were bona fide, arose from the same factual and legal matrix already pleaded, did not change the character of the suit, the delay was satisfactorily explained given interrelated parallel proceedings, and any prejudice to Plaintiffs was compensable by costs and manageable by case management directions (costs fixed at RM1,000).

Court Disposition

Application to amend Defence allowed with costs

Orders

  • Third and Fourth Defendants to file Amended Defence within 3 days from order (by 6.6.2025)
  • First Plaintiff to file Defence to Counter Claim and Set-Off within 7 days of service of Amended Defence (by 13.6.2025)