Malaysia Case Law: Decisions & Judgments

Topic

Order 20 rule 5 roc

Legal area

Court

28 Jul 2025

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

Citation

WA-22NCC-140-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-140-03/2023 (Mahkamah Tinggi)

The application to amend is dismissed because the proposed amendments would materially change the character of the Defence and Counterclaim into a different and inconsistent suit, were filed with inordinate and unexplained delay (approx. 22 months) and not bona fide, and would cause prejudice to the opposing parties that cannot be adequately compensated by costs; in the exercise of the court's discretion justice requires refusal.
28 Jul 2025

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

Citation

WA-22NCC-489-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-489-07/2023 (Mahkamah Tinggi)

The application was dismissed because the proposed amendments would change the essential character of the suit by introducing new parties and a fundamentally different factual narrative, were filed after an inordinate unexplained delay (approximately 18 months) indicating lack of bona fides, and would cause prejudice to the opposing parties that could not be compensated by costs; procedural marking defects were cured but did not outweigh these factors.
30 Apr 2025

Looi Kam Yong Chambers of Firdaus

Citation

WA-11ANCvC-31-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCvC-31-05/2024 (Mahkamah Tinggi)

The High Court held the Learned Magistrate was not plainly wrong and correctly dismissed the amendment application: the proposed amendments were not bona fide, lacked supporting documents, changed the character of the Defence and Counterclaim and would cause prejudice not compensable by costs, and the unexplained delay of approximately 1 year 3 months was inexcusable; therefore the appeal was dismissed with costs.
6 Jan 2025

1. ) YAP TEAK SING 2. ) SHAIFUL HIZAM BIN HUSIN 3. ) IOANNIS KOROMILAS 1. ) HIEW FOOK SANG @ FOOK HIEW SANG 2. ) WONG CHONG CHE 3. ) SIEH KOK JIUN

Citation

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)

The amendments were allowed because they were bona fide, arose from the same facts, would not change the character of the suit, and any prejudice to Plaintiffs was compensable by costs; therefore leave to amend should be granted under Order 20 Rule 5 ROC guided by established authorities.
28 Oct 2024

VIGNA RAJ A/L SITHAMPARANATHAN 1. ) METRO ELDERCARE SDN BHD 2. ) RAMESH SIVARAJ A/L RAJASINGAM CHELLIAH

Citation

BA-22NCvC-469-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-469-11/2023 (Mahkamah Tinggi)

The High Court found the claim was improperly instituted in the plaintiff's personal name contrary to mandatory provisions ss.347-348 Companies Act 2016; permitting the proposed amendment would effect a vertical substitution altering the character of the suit, circumvent statutory time limits and prejudice defendants; therefore the claim constituted an abuse of court process and was plainly unsustainable and properly struck out under Order 18 r19 ROC; amendment application was dismissed.
1 Jan 1900

Teoh Chuan Aik & seorang lagi Wafong Credit Sdn Bhd & satu lagi

Citation

AB-22NCVC-17-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCVC-17-04/2021 (Mahkamah Tinggi)

The application to amend the defence to include a counterclaim under Order 20 r 5 ROC was misconceived because Order 20 r 5 cannot be used to introduce a fresh counterclaim; a counterclaim must be made under Order 15 r 2 ROC; accordingly the application is dismissed with costs, and the refusal is not an appealable decision under s67 CJA because it does not finally dispose of the parties' rights.

Malaysia Case Law

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

KENANGA INVESTORS BERHAD 1. ) ZULRAFQ CAPITAL SDN BHD 2. ) TAN SRI ZULHASNAN BIN RAFIQUE PIHAK TERKILAN 1. ) DATUK WIRA ISMITZ MATTHEW 2. ) MUHAMMAD TAQIUDDIN HALIM

Looi Kam Yong Chambers of Firdaus

1. ) YAP TEAK SING 2. ) SHAIFUL HIZAM BIN HUSIN 3. ) IOANNIS KOROMILAS 1. ) HIEW FOOK SANG @ FOOK HIEW SANG 2. ) WONG CHONG CHE 3. ) SIEH KOK JIUN

VIGNA RAJ A/L SITHAMPARANATHAN 1. ) METRO ELDERCARE SDN BHD 2. ) RAMESH SIVARAJ A/L RAJASINGAM CHELLIAH

Teoh Chuan Aik & seorang lagi Wafong Credit Sdn Bhd & satu lagi