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2004 MarsdenLR 2605 ; 2004 MarsdenLR 1

ABDUL AZIZ
TAI CHOI YU – Appellant
Versus
CURTIN UNIVERSITY OF TECHNOLOGY SARAWAK CAMPUS MALAYSIA – Respondent


Advocates:
Tai Choi Yu (Tai Choi Yu & Co) for the plaintiff
David Lim (Wan Ullok Jugah Chin & Co) for the defendant

Abdul Aziz JC::

(1) 1 Summons-in-chambers dated 10 April 2003 (encl 22) is the plaintiff’s application to amend his writ of summons (encl 2), in particular the name of the first defendant. The plaintiff also applied for the same amendment to be made to his statement of claim.

(2) 2 The plaintiff gave three grounds for the application. First, the amendment is necessary for the purpose of determining the real question in controversy between the parties. Second, it is to save time, cost and multiplicity of proceedings; and third, the amendment does not prejudice the defendant.

(3) 3 The application is supported by an affidavit affirmed by Tai Choi Yu, the plaintiff himself, on 10 April 2003 (‘plaintiff’s affidavit’). The relevant paragraphs of the plaintiff’s affidavit are paragraphs 4, 5, 6 and 7. In particular, paragraph 6 of the plaintiff’s affidavit states that the amendment is necessary because as a result of plaintiff’s search with the Companies Commission of Malaysia (‘CCM’), it was shown that the Defendant is also known as Curtin Malaysia Sdn Bhd (‘CMSB’). The result of the plaintiff’s search with CCM is exhibited as Exh TCY-1 in the plaintiff’s affidavit.

(4) 4 The fi

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