1. ) XXXX 2. ) Ilhamsani Isham Bin Baharom 1. ) Dr. Mohammad Izham Bin Ishak 2. ) Kelinik Rahim, Hamzah, Halim dan Razali Sdn. Bhd.

1. ) XXXX 2. ) Ilhamsani Isham Bin Baharom 1. ) Dr. Mohammad Izham Bin Ishak 2. ) Kelinik Rahim, Hamzah, Halim dan Razali Sdn. Bhd.

Leave to amend was refused because the application was not bona fide: plaintiffs delayed (~8 months) and failed to exercise due diligence despite facts being known at the time of filing; the proposed additions (aggravated and exemplary damages and solicitor-client costs) would change the character and increase the seriousness of the claim, causing prejudice to the Second Defendant that is not adequately compensable by costs.

Citation
TA-B52NCvC-19-11/2024 (Mahkamah Sesyen)
Parties
Plaintiff First (child Represented): Muhammad Aliff Haikal bin Ilhamsani Isham; Plaintiff Second: Ilhamsani Isham bin Baharom; Defendant First: Dr Mohammad Izham bin Ishak; Defendant Second: Klinik Rahim, Hamzah, Halim dan Razali Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 November 2025
Case Number
TA-B52NCvC-19-11/2024 (Mahkamah Sesyen)
Procedural Posture
Medical Negligence (circumcision) Tort Claim / Interlocutory Application to Amend Writ and Statement of Claim Under Order 20 R.5; Application Dismissed
Outcome
Application to amend (Notis Permohonan Lampiran 18) dismissed
Legal Topics
Amendment of Pleadings, Aggravated Damages, Exemplary Damages, Costs, Vicarious Liability, Delay and Due Diligence
Source Language
Malay/English
Civil Medical Negligence Civil Procedure Tort Amendment of Pleadings Aggravated Damages Exemplary Damages Costs +2 more

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Parties

Muhammad Aliff Haikal bin Ilhamsani Isham

Plaintiff First (child Represented)

Ilhamsani Isham bin Baharom

Plaintiff Second

Dr Mohammad Izham bin Ishak

Defendant First

Klinik Rahim, Hamzah, Halim dan Razali Sdn Bhd

Defendant Second

Procedural Posture

Medical Negligence (circumcision) Tort Claim / Interlocutory Application to Amend Writ and Statement of Claim Under Order 20 R.5; Application Dismissed

Legal Issues

  1. 1 Whether the proposed amendments to add aggravated and exemplary (exemplary) damages and solicitor-client costs are bona fide
  2. 2 Whether prejudice to the Defendant Second can be compensated by costs
  3. 3 Whether the amendments would change the character of the suit or introduce new causes of action requiring new defences and evidence

Ratio Decidendi

Leave to amend was refused because the application was not bona fide: plaintiffs delayed (~8 months) and failed to exercise due diligence despite facts being known at the time of filing; the proposed additions (aggravated and exemplary damages and solicitor-client costs) would change the character and increase the seriousness of the claim, causing prejudice to the Second Defendant that is not adequately compensable by costs.

Court Disposition

Application to amend (Notis Permohonan Lampiran 18) dismissed

Orders

  • Notis Permohonan Plaintif-Plaintif (Lampiran 18) dismissed
  • Costs of RM2500 awarded to Defendant Second, to be paid by the Plaintiffs