6 Mar 2020
L&S Cosmetics and Toiletries (M) Sdn Bhd Prudential Clinic Care Sdn Bhd
- Citation
- 22NCC-42-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-42-01/2019 (Mahkamah Tinggi)
The court allowed the reclassification because the affidavits were misplaced by genuine mistake discovered at the start of trial, the issue raised by the affidavits was triable and aligned with the subsequently filed Amended Issues To Be Tried, the application was not mala fide or tactical, any delay was not fatal and could be compensated by costs, and reclassification was necessary to enable the court to decide the real questions in controversy without causing irremediable prejudice to the Plaintiff.