HIGH COURT MALAYA SHAH ALAM
AUSTIN POWDER ASIA PACIFIC INC – Appellant
Versus
TROPICANA CORPORATION BERHAD – Respondent
| Table of Content |
|---|
| 1. discretionary powers of courts in amendments. (Para 1 , 2) |
| 2. primary and subsidiary issues for determination. (Para 3 , 4) |
| 3. justifications for the plaintiff's amendments. (Para 5 , 6 , 7 , 9 , 10 , 11) |
| 4. nature and character of amendments. (Para 8 , 12 , 13 , 14) |
| 5. defendant's arguments against the amendments. (Para 15 , 16) |
| 6. legal principles governing amendments. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 7. court's analysis on granting leave to amend. (Para 25 , 26) |
| 8. final decision and costs order. (Para 27) |
Introduction
[1] The rules of court confer wide discretionary powers on the Courts to permit applications by litigants to amend their writs and pleadings. The provisions governing this aspect of practice and procedure are couched in liberal terms Be that as it may, it is commonplace that in exercising these discretionary powers, the Courts are bound by established principles and are predisposed to the factual matrix of the case before them.
[2] The present application concerns an application by the Plaintiff to amend its statement of claim. This necessitates a consideration by this court of the applicable principles and the grounds and
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