JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] The plaintiff filed a notice of application on 6 September 2021 for leave to amend his statement of claim dated 5 July 2019 essentially seeking to include the remedy of damages for breach of contract as an alternative to the remedy of rescission which is presently claimed based on the same pleaded facts (Encl 23).

[2] The application is made pursuant to O 20 r 5 of the Rules of 2012. The plaintiff contends that the proposed amendment: (i) is made bona fide (ii) that the defendant is not prejudiced and if prejudiced can be compensated with costs; (iii) the proposed amendments would not turn the suit from one character into a suit of another and inconsistent character.

[3] The application was opposed by the defendant on the following grounds:

(a) no cogent or reasonable explanation is given by the plaintiff for the delay in making the application to amend some 2 years after the suit was filed;

(b) the amendment is an attempt to introduce a new cause of action of specific performance which is inconsistent with the relief of rescission and therefore will changed the suit from one character into a suit of another and inconsistent chara