Abdul Malik Ishak J:

Introduction

[1] By way of a summons in chambers in encl 30, the plaintiff sought pursuant to O 20 r 5 of the Rules of the High 1980 ("RHC") and/or the inherent jurisdiction of the Court for the following prayers before the learned senior assistant registrar ("SAR"):

(i) The plaintiff be given leave to substitute the 3rd defendant with the names of the partners, namely Aznam Dato' Mansor, Ben Chan Chong Choon, Chia Loong Thye, DP Naban, Gan Khong Aik, lain Sedgley, Lambert Rasa-Ratnam, Lim Lee, Muthanna Abdullah, Ng Leong Huat, Nitin v. Nadkarni, Sanjay Mohanasundram, Tai Foong Lam, Thomas M.L. Lee, Vincent Chan Siew Onn, Wong Kian Kheong and Woo So Yin, as the 3rd-19th defendants to the present action.

(ii) The plaintiff be given liberty to amend the Writ of Summons and Statement of Claim as per Annexure "A" herein.

(iii) The service of the Amended Writ of Summons and Amended Statement of Claim upon the solicitors of the 2nd-19th defendants, Messrs Lee Hishammuddin Allen & Gledhill shall be deemed as if the Amended Writ of Summons and Statement of Claim has been served on each of the defendants individually.

(iv) The defendants be given liberty to reply to the Amended Statement of Claim within 8 days from the service of the Amended Statement of Claim.

(v) Costs in the cause.

(vi) Such further and/or (other) relief as this Honourable Court deems fit and just.

[2] The grounds in support of the application in encl 30 were set out as follows:

(i) Aznam Dato' Mansor, Ben Chan Chong Choon, Chia Loong Thye, DP Naban, Gan Khong Aik, lain Sedgley, Lambert Rasa-Ratnam, Lim Lee, Muthanna Abdullah, Ng Leong Huat, Nitin v. Nadkarni, Sanjay Mohanasundram, Tai Foong Lam, Thomas ML Lee, Vincent Chan Siew Onn, Wong Kian Kheong and Woo So Yin together with the 2nd defendant, at all material times, were the partners of Messrs Lee Hishammuddin.

(ii) Messrs Lee Hishammuddin has since merged with Messrs Allen & Gledhill and is now known as Messrs Lee Hishammuddin Allen & Gledhill.

(iii) Those who were partners of Messrs Lee Hishammuddin at the material time can be identified immediately if they were named as the parties to the action instead of the name of the partnership.

(iv) The Amendments would enable the nature and meaning of the defamatory statements complained of by the plaintiff to be stated with greater clarity.

(v) The Amendments would enable the real questions in controversy between the parties to be decided.

(vi) The Amendments would enable a speedy and more expedient trial.

[3] The learned SAR gave leave to amend and being aggrieved the first defendant by the name of Tan Kim Hor filed an appeal to the judge in chambers as reflected in encl 39. The second to the nineteen defendants were also aggrieved and they filed an appeal to the judge in chambers as seen in encl 38.

The Legal Semantics

(i) whether the application was filed bona fide?;

(ii) whether the prejudice caused to the other side can readily be compensated by costs?; and

(iii) whether the amendments would not, in effect, turn the suit from one character into a suit of another and inconsistent character?

5 Amendment of writ or pleading with leave (O