Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave to add parties

Legal area

Court

9 Apr 2025

ABDUL MAJID BIN MOHD YUSOFF 1. ) BTS BUILDTRADE SUPPLY SDN. BHD 2. ) LEOW LI HWA

Citation

WA-23NCvC-69-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-69-10/2023 (Mahkamah Tinggi)

The plaintiff's application was dismissed because the supporting affidavit failed to provide any cogent explanation for the substantial and late amendments (including adding a new defendant), which would prejudice the defendants and necessitate vacating imminent trial dates; under Hong Leong the court must refuse late amendments lacking adequate explanation to preserve case management and timely disposal.
9 Jul 2024

LOW HOCK JOO CHONG KOK MING

Citation

BA-12ANCvC-5-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-5-03/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: naming the respondent as a third defendant by way of counterclaim amounted to joinder of parties which required prior leave under Order 15 rule 4 Rules of Court 2012; the reliefs claimed in the counterclaim were not sufficiently connected to the principal claim to justify joinder via counterclaim under Order 15 rule 3; accordingly the counterclaim was properly struck out and the appeal was dismissed with costs.