21 Aug 2024
MY JET XPRESS AIRLINES SDN BHD 1. ) MUHAMMAD ALLIF QAYYUM BIN MOHD DIN 2. ) AZRUL HISHAM BIN DATO ABDUL WAHAB 3. ) ZEN AVIATION SDN BHD 4. ) KHAW CHIN HUAT 5. ) INFINITY FREIGHT SERVICES & SOLUTION PTE LTD 6. ) QUAH LING MING 7. ) PATRICK C
- Citation
- WA-22NCC-93-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-93-02/2023 (Mahkamah Tinggi)
Application to re-amend was dismissed because the plaintiff failed to provide a reasonable explanation for the inordinate 17‑month delay after wide discovery, the proposed amendments lacked bona fides and adequate particularisation and had no real prospect of success, the defendants would suffer prejudice not adequately compensable by costs (given plaintiff's impecuniosity), the amendments would change the character of the suit by introducing new contractual claims, and the fuel surcharge claims fall within mandatory arbitration clauses enforceable between the parties.