HIGH COURT MALAYA IPOH
VASANTHAN NAGAPPEN – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's application for amendment relates to including additional defendants. (Para 1 , 2 , 3) |
| 2. examination of limitation period and circumstances for fraudulent concealment. (Para 7 , 8 , 22) |
| 3. amendment necessary to fully present the plaintiff's case. (Para 31 , 32 , 37) |
| 4. court has wide discretion to allow amendments in interests of justice. (Para 36 , 52 , 56) |
| 5. court grants application to amend with order as to costs. (Para 59) |
Introduction
[1] This is my judgment on the Plaintiff's application in encl 11 to amend the Writ and Statement of Claim to include the 2nd through 23rd Defendants pursuant to O 20 r 5(1) of the Rules of Court 2012. The application was filed subsequent to a successful Pre-Action Discovery Application filed under O 24 r 7A of the Rules of Court 2012 and ss 6 and 42 of the Government Proceedings Act 1956 (" GPA 1956").
[2] The pivotal question in this application is whether the amendment to include additional Defendants is time-barred by virtue of s 2(a) of the Public Authorities Protection Act 1948 (" PAPA 1948"), and whether any delay by the Plaintiff in seeking the amendment is inordinate and unexplained
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