7 Apr 2021
MOHAMAD FARID ASYRAF BIN DASUKI MASDI BIN JAVIRAN
- Citation
- JB-11BNCVC-4-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-11BNCVC-4-10/2020 (Mahkamah Tinggi)
The magistrate's refusal to allow the amendment was correct: the proposed amendment was a late, unexplained change that would alter the character of the defence from admitting an accident but denying liability to an assertion that no accident occurred at all (imputing sham claims and possible defamation), the appellant failed to provide a cogent reason for delay, and the prejudice and disruption caused could not be adequately compensated by costs; accordingly the appeal is dismissed and the magistrate's decision upheld.