21 Dec 2021
Oi Zie Yiong [PHEE, CHEN & UNG (PENANG)] Goay Chun Yau [B C TEH & YEOH (GEORGETOWN)]
- Citation
- PA-22NCvC-159-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-159-07/2019 (Mahkamah Tinggi)
The court allowed the amendment because the application was not made at an eleventh hour, was bona fide, arose from the same factual matrix so it did not change the character of the suit, and any prejudice to the defendant could be compensated by costs; the plaintiff was not seeking specific performance but damages as an alternative to rescission, which is permissible where rescission has not been accepted by the defendant.