JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an application by the Plaintiff to amend the reply and defence to counter-claim at the eve of the trial.

[2] The Plaintiff is a private limited company involved in the building, general and seawall construction business.

[3] The Defendant is also a private limited company involved in the building construction and property development business.

Background And Preliminary

[4] The Defendant appointed the Plaintiff as its sub-subcontractor to carry out and complete the proposed construction of the perimeter bund (Ch. 100.0m - 1150.0m) for Phases 2B and 2C (STP 2) Project at Tg. Tokong Penang ("Works").

[5] Upon completion of the Works, the Plaintiff made its final claim for work done including for variation work which comprised of rectification of slippage of the perimeter bund at Ch. 950.0m - 1050.0m of the Works

[6] The Defendant disputed the Plaintiff's final claim and the Plaintiff hence instituted this suit on 7 September 2020.

[7] The trial of the suit was scheduled to commence on 17 May 2022.

[8] The Plaintiff however on 6 May 2022 applied principally to amend para 60 (ii) of its reply and defence to counterclaim as underlined as follows