24 Mar 2023
A. ANDREW A/L J. ALFRED 1. ) MARGARET MARY A/P ALFRED 2. ) LUCY A/P J. ALFRED
- Citation
- PA-22NCvC-101-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-101-05/2021 (Mahkamah Tinggi)
The court exercised its discretion to allow the defendants to amend their Defence and Counterclaim to plead the Limitation Act 1953 because the amendment was not made late, did not introduce new material facts, was bona fide, any prejudice to the plaintiff could be compensated by costs, and the merits of the limitation defence are not to be decided at the amendment stage; accordingly the amendment was permitted and costs were awarded to the plaintiff.