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2009 MarsdenLR 274

COURT OF APPEAL PUTRAJAYA
DATO TAN HENG CHEW – Appellant
Versus
TAN KIM HOR & ANOTHER APPEAL – Respondent


Petitioner Advocates:Lim Kian Leong,Sia Siew Mun ,Respondent Advocate: Douglas Yee,Siew Choon Jein

JUDGMENT

Hasan Lah JCA:

Introduction

[1] The parties are referred to in their respective capacities in the High Court.

[2] By summons in chambers (encl. 30) the plaintiff applied under O. 20 r. 5 of the Rules of the High 1980 and/or the inherent jurisdiction of the Court for leave to:

(a) substitute the then third defendant with the names of its partners; and

(b) amend the writ of summons and the statement of claim.

[3] The learned senior assistant registrar granted leave to the plaintiff to substitute the then third defendant with the names of its partners and to amend his statement of claim. The first defendant and the second to the nineteenth defendants filed separate appeals to the judge-in-chambers against the decision of the learned senior assistant registrar in allowing the amendments to the plaintiff's statement of claim. The learned judge allowed both the appeals with costs on 18 June 2007. The decision to substitute the names of the partners was not challenged before the High Court judge.

[4] The plaintiff filed appeals to this Court against the decisions of the learned High Court judge. Case No. W-02-677-2007 involved the first defendant and Case No. W-02-708-2007 involved the

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