HIGH COURT MALAYA KUALA LUMPUR
RANDY NG KAI SHENG – Appellant
Versus
BEMED (PTJ) SDN BHD – Respondent
What is the court's approach to allowing amendments to pleadings? What is the definition of "prejudice" in the context of allowing amendments to pleadings? How are procedural errors in legal documents treated by the court?
Key Points: - Amendments to pleadings should be allowed to clarify issues (!) (!) . - Procedural errors can be rectified if they do not cause significant prejudice to the opposing party (!) (!) . - The defendant sought to strike out amendments to the Statement of Claim and paragraphs of the Reply (!) (!) . - The court found that the amendments were not drastic and did not cause serious prejudice to the defendant (!) (!) . - Minor typographical errors can be cured under Order 2 Rule 1(1) of the Rules of Court 2012 (!) (!) . - Prejudice, in the context of amendment applications, means the inability to pursue or defend the suit, not merely a disadvantage (!) . - The fact that an amendment might lead to the defeat of the opposing party is not the sort of prejudice contemplated by the rules (!) (!) . - The defendant's application to strike out the amendments was dismissed with costs (!) (!) . - The court emphasized that amendments should be permitted to determine the real question in controversy between the parties (!) (!) . - The court found the defendant's contentions regarding the amendments to be without merit (!) (!) .
[Application To Strike Out Amendment Made To Statement Of Claim And Certain Paragraphs In Reply]
Introduction
[1] On 2 April 2025, I heard two applications.
[2] The plaintiff filed for summary judgment of his claim. [See encl 17].
[3] The defendant filed under encl 24:
i. To strike out an amendment made by the plaintiff to para 21 of the Statement of Claim dated 4 June 2024 pursuant to O 20 r 4(2) and O 18 r 19 of the Rules of Court 2012 [" ROC 2012"]; and
ii. To strike out paras 7 (a), (b) (f), 10 (b), (j), (k) (m) and 12 (e) of the plaintiff's Reply dated 26 August 2024 under O 18 r 19 ROC 2012.
[4] I granted partly the plaintiff's application in encl 17 and made the following order:
Defendant shall pay the Plaintiff RM200,000.00 being the Tranche (2) payment under the Share Sale Agreement with interest set out at prayer (5).
Defendant shall pay the Plaintiff RM 10,000.00 being incentive fee with interest. Costs of RM10,000.00 to be paid by the Defendant to Plaintiff subject to allocatur. The rest of the claim to go for trial including Tranches 3 and 4.
[5] I dismissed the defendant's application in encl 24 with costs of RM 5,000.00 subject to allocatur. Trial
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