30 Jan 2008
MINISTRY OF HEALTH AND ANOR V HEALTHTRIO INC HC WN CIV-2007-485-1272
- Citation
- openlaw-38ad0df4_fbee_4b6d_9ed6_2814d2116312.pdf
- Court
- High Court
Section 38(6) is to be given its ordinary literal meaning and does not import a further requirement that amendments effected in opposition must respond to a specific ground of opposition; the Assistant Commissioner did not err in law or principle, properly considered s 40(1) constraints and permissibly concluded the challenged amendments were explanations/corrections that did not broaden the specification; the appeal is dismissed and the Assistant Commissioner's decision is upheld.