Malaysia Case Law: Decisions & Judgments

Topic

Order 20 rule 5 roc 2012

Legal area

Court

10 Nov 2025

P. THIAGARAJAN A/L PAVADAI 1. ) PASUPATHY A/L GOPALSAMY (BERDAGANG SEBAGAI THISAIGAL TV) 2. ) SENGGUTUAN A/L VEERAN

Citation

WA-23CY-6-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-6-02/2022 (Mahkamah Tinggi)

The court exercised its discretion under Order 20 r 5 and Order 1A to allow only those amendments that were clerical and not prejudicial given the late stage, but refused amendments that would materially affect the defendant's ability to defend (adding the word 'not', including transcripts/translations annexed post-trial, and changing caste spelling) because the application was filed at trial's close without cogent explanation and would cause uncompensable prejudice; accordingly the writ and statement of claim were amended in part (full name/IC and brand wording added; typographical 'case' to…
3 Jul 2025

TENAGA NASIONAL BERHAD CHOO LEE CHEN

Citation

BL-B52NCvC-8-02/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B52NCvC-8-02/2022 (Mahkamah Sesyen)

The amendment was allowed because the Defendant established bona fides (document misplaced and recovered), offered a reasonable explanation for delay, the amendment did not alter the character of the suit but supplemented factual pleadings central to the dispute, and the Plaintiff failed to demonstrate irremediable prejudice; any inconvenience is remediable by costs and case management directions.
4 Jun 2025

CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)

Citation

CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)

Amendment allowed because the proposed counterclaim and set-off were bona fide, arose from the same factual and legal matrix already pleaded, did not change the character of the suit, the delay was satisfactorily explained given interrelated parallel proceedings, and any prejudice to Plaintiffs was compensable by costs and manageable by case management directions (costs fixed at RM1,000).
30 Jul 2024

INTERACTIVE SCAFFOLDING SDN BHD HVLV POWER LINE CONSTRUCTION SDN BHD PIHAK KETIGA KHAIRY BIN ABDUL RAHMAN

Citation

DA-A52NCvC-6-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A52NCvC-6-01/2024 (Mahkamah Sesyen)

The application to amend the defence was dismissed because the court found the application mala fide and an afterthought amounting to a tactical manoeuvre, the proposed amendments would materially change the character of the defence and introduce issues known to the defendant earlier, and the resulting prejudice to the plaintiff could not be adequately compensated by costs; costs of RM500 awarded to plaintiff.
21 Feb 2022

LKM MANAGEMENT SERVICES SDN BHD AU KOK HUEI

Citation

WA-11ANCvC-150-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCvC-150-11/2021 (Mahkamah Tinggi)

Magistrate did not err in exercising discretion to allow the amendment: the proposed amendments concerned facts already pleaded (Melvin Loh), were bona fide supported by newly obtained documentary evidence, were filed sufficiently before trial (about seven months) so delay was not inordinate, and any prejudice to the Plaintiff was compensable by costs; therefore the appeal to set aside the amendment was dismissed.

Malaysia Case Law

P. THIAGARAJAN A/L PAVADAI 1. ) PASUPATHY A/L GOPALSAMY (BERDAGANG SEBAGAI THISAIGAL TV) 2. ) SENGGUTUAN A/L VEERAN

TENAGA NASIONAL BERHAD CHOO LEE CHEN

CIVIL SUIT NO: BL-A53 KJ-326-08/2024 (Mahkamah Sesyen)

INTERACTIVE SCAFFOLDING SDN BHD HVLV POWER LINE CONSTRUCTION SDN BHD PIHAK KETIGA KHAIRY BIN ABDUL RAHMAN

LKM MANAGEMENT SERVICES SDN BHD AU KOK HUEI