18 Sept 2024
SPADE CAPITAL SDN. BHD. 1. ) PARAGRENE LAND BERHAD 2. ) GREGORY AMOS YOON PENG SUM 3. ) YONG PENG YUEN 4. ) WAN NASIR BIN WAN MUSTAFHA 5. ) MOHD HALIM WHY BIN ABDULLAH
- Citation
- WA-22NCC-90-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-90-02/2024 (Mahkamah Tinggi)
The Court disallowed the Amended Statement of Claim because the proposed amendments would fundamentally change the character of the suit by curing jurisdictional defects identified in the Defence, were prompted by the Defence (demonstrating lack of bona fides), and would cause prejudice beyond costs; mandatory requirements of the Moneylenders Act 1951 cannot be retrospectively satisfied by amendment, so leave to amend would have been refused under Order 20 Rule 4.