1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

The application to amend was dismissed because the proposed amendments were filed at a late stage as an afterthought/tactical manoeuvre, added new causes of action and extensive new facts that were within plaintiffs' knowledge earlier, changed the character of the suit, and would cause prejudice to defendants that...

Source-derived case information.

Citation
WA-B52NCC-1314-05/2023 (Mahkamah Sesyen)
Parties
Plaintiff: AWA NEW PARTS SDN BHD; Plaintiff: YIP WAI KEAN; Defendant: WINSTON CHIN WENG FAI; Defendant: FONG MIN YI; Defendant: KHU WENG SHEN; Defendant: NG CHUN KIT; Defendant: CARSTO GARAGE SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 January 2025
Case Number
WA-B52NCC-1314-05/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (writ) / Interlocutory — Application to Amend Pleadings (order 20 Rule 8) Prior to Full Trial
Outcome
Application to amend dismissed
Legal Topics
Amendment of Pleadings, Breach of Fiduciary Duty, Fraud, Abuse of Process, Pre Trial Case Management, Costs
Civil Procedure Company Law Equity and Trusts Amendment of Pleadings Breach of Fiduciary Duty Fraud Abuse of Process Pre Trial Case Management +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

AWA NEW PARTS SDN BHD

Plaintiff

YIP WAI KEAN

Plaintiff

WINSTON CHIN WENG FAI

Defendant

FONG MIN YI

Defendant

KHU WENG SHEN

Defendant

NG CHUN KIT

Defendant

CARSTO GARAGE SDN BHD

Defendant

Procedural Posture

Civil Suit (writ) / Interlocutory — Application to Amend Pleadings (order 20 Rule 8) Prior to Full Trial

  1. 1 Whether leave to amend pleadings should be granted under Order 20 Rule 8 of the Rules of Court 2012
  2. 2 Whether proposed amendments were bona fide or a tactical afterthought/abuse of process
  3. 3 Whether proposed amendments would change the character of the suit and cause prejudice not compensable by costs

Ratio Decidendi

The application to amend was dismissed because the proposed amendments were filed at a late stage as an afterthought/tactical manoeuvre, added new causes of action and extensive new facts that were within plaintiffs' knowledge earlier, changed the character of the suit, and would cause prejudice to defendants that could not be adequately compensated by costs; plaintiffs offered no reasonable explanation for delay and allegations blaming prior solicitors were insufficient.

Court Disposition

Application to amend dismissed

Orders

  • Application pursuant to Order 20 Rule 8 dismissed
  • Costs awarded to defendants in the sum of RM3,000.00