18 Nov 2020
Low Kian Hoew 1. Lu Zhijun 2. Tang Ruiping 3. Golden Mile Plastic Resources Sdn Bhd
- Citation
- WA-22NCC-335-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-335-07/2020 (Mahkamah Tinggi)
The court refused the amendment because the proposed re‑amendment would change the suit’s character from rescission for fraud/misrepresentation to a claim for specific performance — inconsistent remedies where the plaintiff had elected rescission — and the amendment was not bona fide but a tactical, belated manoeuvre causing prejudice that cannot be compensated by costs; accordingly Enc.29 and consequent Enc.26 were dismissed. The interlocutory injunction (Enc.12) was refused because the plaintiff held shares as trustee, his claim was essentially for rescission/damages (for which damages woul…