Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prejudice and delay in amendments

Legal area

Court

19 Sept 2025

DATO' SRI MOHD NAJIB BIN TUN HJ ABD RAZAK 1. ) Tan Sri Ahmad Terrirudin Bin Mohd Salleh 2. ) KOMISIONER JENERAL PENJARA 3. ) PEGUAM NEGARA MALAYSIA 4. ) LEMBAGA PENGAMPUNAN BAGI WILAYAH-WILAYAH PERSEKUTUAN KUALA LUMPUR, LABUAN DAN PUTRAJAYA

Citation

WA-25-136-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-136-04/2024 (Mahkamah Tinggi)

Although Order 20 r.8 may be relied upon for amendment principles, the proposed amendments would introduce substantively new allegations and a new cause of action (including an unpleaded claim for damages) after leave was granted; the applicant provided no adequate explanation for delay and the amendments would prejudice the respondents. Therefore the application to amend is dismissed and costs are in the cause.
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.