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HIGH COURT MALAYA MUAR
POLYVIEW DEVELOPMENT SDN BHD – Appellant
Versus
LIM KWEE GEE & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim based on land ownership and fraud. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. defendants' denial of allegations and legal standards for amendments. (Para 15 , 16 , 17) |
| 3. plaintiff's justification for amendments. (Para 20 , 21 , 22 , 23) |
| 4. defendants' objections to the amendment application. (Para 24 , 25) |
| 5. court's assessment of delay in amendment application. (Para 26 , 27 , 28 , 29 , 30) |
| 6. court's finding on bad faith regarding the application. (Para 33 , 34 , 35 , 36) |
| 7. court's view on prejudice and compensation. (Para 39 , 40 , 41 , 42) |
| 8. final decision allowing plaintiff's application. (Para 46 , 47 , 48) |
Introduction
[1] Plaintiff applied to amend their Reply to the 2 nd to 7 th Defendants Defence pursuant to O 20 r 5 ROC 2012.
[2] The application was objected to by the 2nd to 7th Defendants ("the Defendants").
[3] Upon considering submissions and hearing arguments from both parties, I allowed Plaintiff's application subject to payment of cost in the sum of RM5,000.00 to the Defendants.
[4] I now give my reasons for allowing the Plaintiff's application. Background Facts
[5] The Plaintiff's claim against the Defend
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