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HIGH COURT MALAYA IPOH
VASANTHAN NAGAPPEN – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. application to amend writ and statement of claim. (Para 1 , 2) |
| 2. claim of medical negligence leading to death. (Para 3 , 4 , 5 , 6) |
| 3. limitation period under papa. (Para 8 , 10 , 11 , 12) |
| 4. fraudulent concealment and its impact on limitation. (Para 18 , 20 , 22 , 26) |
| 5. amendments that do not change character of suit. (Para 24 , 28 , 30) |
| 6. assessment of bona fides and necessary amendments. (Para 31 , 32 , 34 , 36) |
| 7. delay in application not prejudicial. (Para 39 , 41 , 46) |
| 8. court's discretion to allow amendments. (Para 52 , 54 , 56) |
| 9. conclusion to grant plaintiff's application. (Para 58) |
Introduction
[1] This is my judgment on the Plaintiff's application in encl 11 to amend the Writ and Statement of Claim to include the 2nd through 23rd Defendants pursuant to O 20 r 5(1) of the Rules of Court 2012. The application was filed subsequent to a successful Pre-Action Discovery Application filed under O 24 r 7A of the Rules of Court 2012 and ss 6 and 42 of the Government Proceedings Act 1956 (" GPA 1956").
[2] The pivotal question in this application is whether the amendment to include additional Defendants is time-barred by virtue of s 2(a) of th
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