TING HOCK TIONG 1. ) CHANDRA A/L SURINARAYANAN 2. ) YUEN TUNG ENGINEERING WORKS

TING HOCK TIONG 1. ) CHANDRA A/L SURINARAYANAN 2. ) YUEN TUNG ENGINEERING WORKS

The application to amend was refused because it was filed after the full trial had closed (approximately 22 months after the writ was filed) without any explanation for the delay; such unexplained and excessive delay undermines any claim of bona fides and justifies refusal in the exercise of the court’s discretion, entitling the defendants to costs.

Citation
AH-A73KJ-12-01/2022 (Mahkamah Majistret)
Parties
Plaintif: Ting Hock Tiong; Defendan: Chandra A/L Surinarayanan; Defendan: Yuen Tung Engineering Works
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 December 2023
Case Number
AH-A73KJ-12-01/2022 (Mahkamah Majistret)
Procedural Posture
Guaman Sivil / Application to Amend Statement of Claim After Close of Trial / Post Trial Interlocutory Application
Outcome
Application to amend statement of claim dismissed.
Legal Topics
Amendment of Statement of Claim, Delay in Seeking Amendment, Leave to Amend, Costs
Source Language
Malay/English
Civil Procedure Pleadings and Amendments Amendment of Statement of Claim Delay in Seeking Amendment Leave to Amend Costs

Case Brief

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Parties

Ting Hock Tiong

Plaintif

Chandra A/L Surinarayanan

Defendan

Yuen Tung Engineering Works

Defendan

Procedural Posture

Guaman Sivil / Application to Amend Statement of Claim After Close of Trial / Post Trial Interlocutory Application

Legal Issues

  1. 1 Whether leave to amend the statement of claim should be granted after the full trial has concluded
  2. 2 Whether an unexplained delay of approximately 22 months defeats an application to amend
  3. 3 Whether the proposed amendment is bona fide or mala fide and whether it would prejudice the defendants

Ratio Decidendi

The application to amend was refused because it was filed after the full trial had closed (approximately 22 months after the writ was filed) without any explanation for the delay; such unexplained and excessive delay undermines any claim of bona fides and justifies refusal in the exercise of the court’s discretion, entitling the defendants to costs.

Court Disposition

Application to amend statement of claim dismissed.

Orders

  • Permohonan di Kandungan 37 ditolak
  • Kos sebanyak RM500.00 dibayar oleh Plaintif kepada Defendan-defendan