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HIGH COURT SABAH & SARAWAK SIBU
YB DING KUONG HIING MP – Appellant
Versus
DR WONG HUA SEH (ENCL 85) – Respondent
| Table of Content |
|---|
| 1. good faith amendments are crucial for justice. (Para 1 , 2 , 13) |
| 2. claims of delay must be substantiated with evidence. (Para 3 , 9) |
| 3. chronicling events is important for procedural clarity. (Para 4 , 5 , 6) |
| 4. amendments should not change the case's fundamental nature. (Para 10 , 14) |
[Enclosure 85]
Notice Of Application [Enclosure 85]
[1] Enclosure 85 is the Plaintiff's application for leave to amend Statement of Claim as indicated in the proposed amendments to the Statement of Claim underlined in red and the application is supported by the Affidavit affirmed by Counsel for the Plaintiff. There is no affidavit in opposition filed by the Defendant.
Relevant Laws And Principles
[2] The general rule is that amendments may be made at any stage of the proceedings. The Court in Yamaha Motor Co Ltd v. Yamaha Malaysia Sdn Bhd , 1983 MarsdenLR 38 ; [1983] CLJ (Rep) 428 laid down a three-fold test namely that courts will allow such amendments if the application is bona fide, the prejudice caused to the other side if any can be compensated by costs and the amendments would not in effect turn the suit from one character into a suit of another and inconsistent
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