1. ) POLYVIEW DEVELOPMENT SDN. BHD. 2. ) Tay Heng San 1. ) Lim Kwee Gee 2. ) Lee Swee Ching 3. ) Tay Heng Hai 4. ) Sterling Development Sdn. Bhd. 5. ) Lee Swee Guan 6. ) Tay Heng San 7. ) Kolvista Development Sdn. Bhd. 8. ) PENTADBIR TANAH

1. ) POLYVIEW DEVELOPMENT SDN. BHD. 2. ) Tay Heng San 1. ) Lim Kwee Gee 2. ) Lee Swee Ching 3. ) Tay Heng Hai 4. ) Sterling Development Sdn. Bhd. 5. ) Lee Swee Guan 6. ) Tay Heng San 7. ) Kolvista Development Sdn. Bhd. 8. ) PENTADBIR TANAH

The application to amend the Reply was allowed because the amendments were bona fide, filed sufficiently before trial, did not change the character or introduce new causes of action, and any inconvenience or prejudice to the Defendants could be compensated by an award of costs; accordingly leave was granted and costs of RM5,000 awarded to the Defendants.

Citation
JB-22NCvC-14-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff: POLYVIEW DEVELOPMENT SDN BHD; Defendant: LIM KWEE GEE; Defendant: LEE SWEE CHING; Defendant: TAY HENG HAI; Defendant: STERLING DEVELOPMNET SDN BHD; Defendant: LEE SWEE GUAN; Defendant: TAY HENG SAN; Defendant: KOLVISTA DEVELOMENT SDN BHD; Defendant: PENTADBIR TANAH DAERAH BATU PAHAT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 September 2023
Case Number
JB-22NCvC-14-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil (guaman Sivik) / Amendment Application (pre Trial)
Outcome
Application to amend Reply allowed subject to payment of costs.
Legal Topics
Amendment of Pleadings, Fraud, Conspiracy to Defraud, Setting Aside Transfers, Costs
Source Language
Malay/English
Civil Procedure Land Law Property Law Equity Company Law Amendment of Pleadings Fraud Conspiracy to Defraud +2 more

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Parties

POLYVIEW DEVELOPMENT SDN BHD

Plaintiff

LIM KWEE GEE

Defendant

LEE SWEE CHING

Defendant

TAY HENG HAI

Defendant

STERLING DEVELOPMNET SDN BHD

Defendant

LEE SWEE GUAN

Defendant

TAY HENG SAN

Defendant

KOLVISTA DEVELOMENT SDN BHD

Defendant

PENTADBIR TANAH DAERAH BATU PAHAT

Defendant

Procedural Posture

Civil (guaman Sivik) / Amendment Application (pre Trial)

Legal Issues

  1. 1 Whether the Plaintiff should be permitted to amend the Reply under Order 20 Rule 5 ROC 2012
  2. 2 Whether the application was bona fide or made with inordinate delay
  3. 3 Whether the Defendants would suffer prejudice not compensable by costs

Ratio Decidendi

The application to amend the Reply was allowed because the amendments were bona fide, filed sufficiently before trial, did not change the character or introduce new causes of action, and any inconvenience or prejudice to the Defendants could be compensated by an award of costs; accordingly leave was granted and costs of RM5,000 awarded to the Defendants.

Court Disposition

Application to amend Reply allowed subject to payment of costs.

Orders

  • Leave granted to Plaintiff to amend paragraphs 4, 5, 6 and 7 of the Reply to the 2nd to 7th Defendants' Defence
  • Plaintiff to pay costs of RM5,000.00 to the Defendants