XXXX 1. ) MOHAMAD AZLAN BIN NORDIN 2. ) ZABEDAH BINTI AWANG

XXXX 1. ) MOHAMAD AZLAN BIN NORDIN 2. ) ZABEDAH BINTI AWANG

Leave to amend was granted because the applicant’s supporting specialist reports constituted fresh material justifying the amendments, the five‑month delay was reasonable and bona fide, the amendments did not introduce a new cause of action or cause undue prejudice or surprise to defendants, and the High Court has power under the rules and inherent jurisdiction to permit amendments in the interest of justice; therefore the Sessions Court erred in refusing Lampiran 23.

Citation
KA-12ANCvC-6-06/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff (person Under Disability Represented by Litigation Representative): Muhammad Danish Imran bin Che Lah; Respondent/defendant (rider): Mohamad Azlan bin Nordin; Respondent/defendant (registered Owner of Motorcycle): Zabedah binti Awang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2021
Case Number
KA-12ANCvC-6-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Order Concerning Amendment of Pleadings and Damages Claim / Appeal Heard and Determined at High Court (judgment on Application to Amend Pleadings; Costs Awarded)
Outcome
Appeal allowed; decision of Sessions Court in relation to Lampiran 23 set aside
Legal Topics
Amendment of Pleadings, Future Care Costs, Missed Diagnosis, Inherent Jurisdiction, Natural Justice, Costs
Source Language
Malay/English
Civil Procedure Personal Injury Tort Mental Health/capacity Amendment of Pleadings Future Care Costs Missed Diagnosis Inherent Jurisdiction +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Muhammad Danish Imran bin Che Lah

Appellant/plaintiff (person Under Disability Represented by Litigation Representative)

Mohamad Azlan bin Nordin

Respondent/defendant (rider)

Zabedah binti Awang

Respondent/defendant (registered Owner of Motorcycle)

Procedural Posture

Civil Appeal From Sessions Court Order Concerning Amendment of Pleadings and Damages Claim / Appeal Heard and Determined at High Court (judgment on Application to Amend Pleadings; Costs Awarded)

Legal Issues

  1. 1 Whether the plaintiff's application to amend the writ and statement of claim (Lampiran 23) had merit and should be allowed
  2. 2 Whether the Sessions Court judge was correct to refuse the amendment

Ratio Decidendi

Leave to amend was granted because the applicant’s supporting specialist reports constituted fresh material justifying the amendments, the five‑month delay was reasonable and bona fide, the amendments did not introduce a new cause of action or cause undue prejudice or surprise to defendants, and the High Court has power under the rules and inherent jurisdiction to permit amendments in the interest of justice; therefore the Sessions Court erred in refusing Lampiran 23.

Court Disposition

Appeal allowed; decision of Sessions Court in relation to Lampiran 23 set aside

Orders

  • Lampiran 23 (application to amend writ and statement of claim) allowed permitting the proposed amendments
  • Sessions Court's order refusing Lampiran 23 set aside