Moses Susayan JC:

Introduction

[1] "An amendment may wear the cloak of merit, but if sowed in bad faith and lined with procedural abuse, it cannot pass the threshold of amendment requirement". This application by the plaintiff, seeking to amend his Writ and Statement of Claim (in encl 71) pursuant to O 20 r 5 and O 92 r 4 of the Rules of Court 2012, raises a fundamental question of whether the Court should allow an amendment that appears, on the face of it, meritorious, but is in reality, tainted with bad faith, procedural abuse and derail the proceedings

Background facts

[2] The plaintiff filed a claim alleging fraudulent and negligent acts by the defendants in probating a Will and administering the estate of the plaintiff's late brother, Dato' Anthony Kevin Morais. The plaintiff claims that the defendants have tricked the Court into approving a 2005 Will, which the plaintiff claims is suspicious. The plaintiff contends that the defendants had coerced him into affirming a false affidavit to support their actions in making an application to replace the original Will and eventually obtaining the Grant of Probate. According to the plaintiff, the defendants have misrepresented mat