Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Misjoinder and substitution
  • 28 Nov 2024

    PRETIP A/L PERUMAL HENG FOOK BOON

    Citation
    WA-A73KJ-1016-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A73KJ-1016-06/2024 (Mahkamah Majistret)

    The application to amend was dismissed because the proposed amendment sought to change a material fact central to the plaintiff's claim (the identity of the liable party), thereby altering the essence of the case and introducing a new issue late in the proceedings; the defendant had misused Order 20 instead of appropriate misjoinder or substitution procedures, offered no exceptional justification for delay, and the amendment would prejudice the plaintiff and disrupt an already fixed trial date.