19 Feb 2024
THERESIA LIUK 1. ) MUHAMMAD HAMIZRIE BIN MOHD AZMI 2. ) HEW WAI HEN ENTERPRISE
- Citation
- BA-12A-56-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-56-11/2023 (Mahkamah Tinggi)
High Court allowed the appeal, finding the Sessions Court erred in refusing leave to amend/substitute the second defendant; the proposed amendment was bona fide, necessary in the interests of justice to identify the true party liable for the loss of dependency claim, did not amount to an impermissible change of character that could not be remedied, and the Yamaha Motor principles must be applied fairly; case remitted to the same Sessions Court for trial and appeal costs ordered to be paid by the appellant.