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2019 MarsdenLR 195

HIGH COURT MALAYA SHAH ALAM
HEW LI YEE – Appellant
Versus
HENG SEET FUN (ENCL 14) – Respondent


Petitioner Advocates:S S Ng ,Respondent Advocate: Tung Kai Mun,Lim Min Tet

Table of Content
1. application to amend is premised on procedural compliance. (Para 1 , 4)

[1] This is a Notice of Application ('N/A') by the Appellant/ Plaintiff in an appeal arising from a defamation suit in the Sessions Court to amend the Memorandum of Appeal. The N/A was only filed after the Respondent had raised a preliminary objection ('PO') in her Written Submission as to the Memorandum of Appeal being defective for breach of O 55, r 4(3) of the Rules of , 2012 (' ROC '). The appeal is against the decision the Learned Sessions Court Judge ('LSCJ') in dismissing the Appellant's claim with costs of RM8,000.00.

[2] Chronology of Events

(1) The Notice of Appeal was filed on 13 December 2018.

(2) The Memorandum of Appeal dated 12 December 2018 and the Record of Appeal have been filed and served on the previous solicitors of the Respondent, one Messrs Davis & Low, via an email on 12 December 2018 and by hand on 17 December 2018.

(3) A Supplemental Record of Appeal which contains Grounds of Judgment and Notes of Evidence was filed on 6 March 2019 and accepted by the Respondent's Solicitors, Messrs. Min Kai & Co on 9 March 2019.

(4) The Respondent has raised a preliminary objection to t

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