[1] This judgment discusses the exercise of the Court's discretion to:-

(1) allow amendment of Amended Defence and Counterclaim under O 20 rr 5(1) and/or 8(1) of the Rules of 2012 (RC) in the 2 above cases (2 Suits); and

(2) join a party as the fourth defendant in 2 counterclaims in the 2 Suits pursuant to O 15 rr 6(2)(b)(i), (ii) and/or 13A(1) RC.

B. Background

[2] The 2 Suits, Civil Suit No D5-22-610-2006 (1st Suit) and Civil Suit No D1-22-1960-2008 (2nd Suit), have been consolidated.

[3] In the 1st Suit, the plaintiff companies (Plaintiffs) claimed, among others, that 9 individual defendants had breached their fiduciary and statutory duties as directors of the Plaintiffs regarding, among others, certain contracts and transactions.

[4] The Plaintiffs alleged in the 2nd Suit, among others, that 7 defendants had conspired, either by lawful or unlawful means, to injure the Plaintiffs and had thereby caused loss to the Plaintiffs.

[5] Tan Sri Dato' Tajudin bin Ramli (1st Defendant) and Encik Bistamam bin Ramli (2nd Defendant) are the first and s