NORFARALINAH BINTI MD YUNUS ZARINA ANJOULIE BINTI MOHAMAD FAHIZUL

NORFARALINAH BINTI MD YUNUS ZARINA ANJOULIE BINTI MOHAMAD FAHIZUL

Leave to amend was refused because the proposed amendments would alter the character of the defence, the application was made with inordinate delay without a satisfactory explanation, and the delay and surrounding circumstances indicated lack of bona fide and would prejudice the Plaintiff.

Source-derived case information.

Citation
NA-A53CY-2-02/2022 (Mahkamah Sesyen)
Parties
Plaintiff: Norfaralinah binti Md. Yunus; Defendant: Zarina Anjoulie binti Mohd Fahizul
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 March 2023
Case Number
NA-A53CY-2-02/2022 (Mahkamah Sesyen)
Procedural Posture
Civil (defamation) / Interlocutory Application to Amend Pleadings Decision
Outcome
Defendant's application to amend the Statement of Defence dismissed.
Legal Topics
Amendment of Pleadings, Leave to Amend, Delay and Prejudice, Bona Fide Motive, Fair Comment, Disclosure Orders
Civil Procedure Defamation Media/internet Law Amendment of Pleadings Leave to Amend Delay and Prejudice Bona Fide Motive Fair Comment +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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Norfaralinah binti Md. Yunus

Plaintiff

Zarina Anjoulie binti Mohd Fahizul

Defendant

Procedural Posture

Civil (defamation) / Interlocutory Application to Amend Pleadings Decision

  1. 1 Whether the Defendant should be granted leave to amend the Statement of Defence under Order 20 Rule 5 Rules of Court 2012
  2. 2 Whether the proposed amendments would change the character of the defence
  3. 3 Whether the application was unreasonably delayed and lacked bona fide motive thus prejudicing the Plaintiff

Ratio Decidendi

Leave to amend was refused because the proposed amendments would alter the character of the defence, the application was made with inordinate delay without a satisfactory explanation, and the delay and surrounding circumstances indicated lack of bona fide and would prejudice the Plaintiff.

Court Disposition

Defendant's application to amend the Statement of Defence dismissed.

Orders

  • Defendant's Notice of Application to amend the Statement of Defence (Annexure 71) is dismissed.