Astana Modal (M) Sdn Bhd 1. BS Testing Laboratory Sdn Bhd 2. Ir. Arulananthan a/l A. Thamby Dorai 3. Gogula Balan a/l Chandran

Astana Modal (M) Sdn Bhd 1. BS Testing Laboratory Sdn Bhd 2. Ir. Arulananthan a/l A. Thamby Dorai 3. Gogula Balan a/l Chandran

The amendment application (Enclosure 52) was dismissed because it was made at a late stage after multiple case managements and fixation for trial, the plaintiff failed to provide material and cogent reasons for the delay, the proposed amendments would change the character and scope of the suit and cause prejudice to defendants and the court timetable that could not be adequately compensated by costs, and granting them would conflict with the court-managed objectives of Order 34.

Citation
BA-23NCVC -27-07/2019 (L52) (Mahkamah Tinggi)
Parties
Plaintiff: ASTANA MODAL (M) SDN. BHD.; 1st Defendant: BS TESTING LABORATORY SDN BHD; 2nd Defendant: Ir. ARULANANTHAN A/L A. THAMBY DORAI; 3rd Defendant: GOGULA BALAN A/L CHANDRAN
Court
L52
Jurisdiction
Malaysia
Judgment Date
9 December 2020
Case Number
BA-23NCVC -27-07/2019 (L52) (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Pre Trial Application to Amend Pleadings Dismissed
Outcome
Plaintiff's amendment application (Enclosure 52) dismissed with costs
Legal Topics
Amendment of Pleadings, Case Management (order 34), Delay and Cogent Explanation, Prejudice and Change of Character of Suit, Joinder and Separate Trials (o.15 R.5(1)), Costs as Remedy Vs. Prejudice, Res Judicata, Interlocutory Applications
Source Language
Malay/English
Defamation Negligence Malicious Falsehood Conspiracy to Injure Tort Law Civil Procedure Injunctions Damages +8 more

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Parties

ASTANA MODAL (M) SDN. BHD.

Plaintiff

BS TESTING LABORATORY SDN BHD

1st Defendant

Ir. ARULANANTHAN A/L A. THAMBY DORAI

2nd Defendant

GOGULA BALAN A/L CHANDRAN

3rd Defendant

Procedural Posture

Civil Suit / Pre Trial Application to Amend Pleadings Dismissed

Legal Issues

  1. 1 Whether to allow a late amendment to add new causes of action and reliefs
  2. 2 Whether plaintiff provided a cogent/material explanation for delay
  3. 3 Whether the proposed amendments change the character of the suit and cause prejudice that cannot be compensated by costs

Ratio Decidendi

The amendment application (Enclosure 52) was dismissed because it was made at a late stage after multiple case managements and fixation for trial, the plaintiff failed to provide material and cogent reasons for the delay, the proposed amendments would change the character and scope of the suit and cause prejudice to defendants and the court timetable that could not be adequately compensated by costs, and granting them would conflict with the court-managed objectives of Order 34.

Court Disposition

Plaintiff's amendment application (Enclosure 52) dismissed with costs

Orders

  • Dismissed Plaintiff's Enclosure 52 amendment application with costs
  • Costs to be paid forthwith