Azlan Sulaiman J:

[Plaintiff's Application To Amend Originating Summons]

Introduction

[1] By Enel. 31, the Plaintiff ("Setiakon") is applying under O 20 r 7, O 20 r 5, O 18 r 9 and/or O 92 r 4 of the Rules of Court, 2012 ("Rules") to amend the Originating Summons ("Amend OS Application").

[2] The Defendant ("Mayfair") is opposing that application.

[3] This Judgment is the Court's decision on that application.

Salient Facts

[4] In 2016 and 2017, Mayfair had appointed Setiakon as the Main Contractor for Phase 1 and Phase 2 of a development project in Persiaran Tropicana, in Mukim Damansara, District of Petaling, Selangor Darul Ehsan ("Project"). Phase 1 consisted of the construction of Blocks 1 and B1 of the Project, and Phase 2 consisted of the construction of Blocks A1 and B2 of the Project.

[5] In respect of Phase 1 of the Project:

(i) Setiakon had commenced works on 1 July 2016, and the Certificate of Practical Completion was issued on 31 January 2020;

(ii) The defects liability period had expired on 30 July 2022;

(iii) Setiakon alleges that, despite attending to all of the defects as notified to it by the architect, the architect and/or Mayfair have subsequently failed to issue the