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ARIFIN ZAKARIA, HASHIM YUSOFF, JAMES FOONG
ALLOY CONSOLIDATED SDN BHD & ANOR – Appellant
Versus
DATO DR HJ ADAM HARUN – Respondent
| Table of Content |
|---|
| 1. factual background of the contract dispute (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments regarding the limitation period of counterclaims (Para 21 , 22 , 23) |
| 3. court's general principles on amendments in pleadings (Para 24 , 25 , 26 , 27 , 28 , 31 , 32) |
| 4. application of limitation law to counterclaims (Para 30 , 33) |
Arifin Zakaria CJ (Malaya):
Introduction
(1) This is an appeal against the decision of the Court of Appeal dated 30 October 2008 dismissing the appellants appeal. Leave to appeal was granted by this court on 1 December 2008 on the following questions:
Question 1
Where counterclaims are concerned, whether leave to amend under Order 20 Rule (1), Rules of the High Court 1980 ("RHC") is limited to amendments of existing counterclaims and does not extend to the introduction of a fresh counterclaim by way of amendments.
Question 2
Where counterclaims are concerned, whether the power of a High Court to grant leave to amend pursuant to Order 20 Rule 5(2) is limited to the granting of leave to amend existing counterclaims and does not extend to permitting the introduction of fresh counterclaims by way of amendments.
Question 3
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