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HIGH COURT MALAYA SHAH ALAM
ORIENTAL STEEL PIPE SDN BHD – Appellant
Versus
UNITED SECURITY SERVICES SDN BHD – Respondent
| Table of Content |
|---|
| 1. preliminary issue of appealability raised. (Para 1) |
| 2. two main issues regarding appealability clarified. (Para 2 , 3) |
| 3. the governing law for civil appeals outlined. (Para 4 , 5 , 6) |
| 4. conditions under which appeals are permitted. (Para 7 , 8 , 9 , 10) |
| 5. arguments on limitations of appeal scope discussed. (Para 11 , 12 , 13 , 14) |
| 6. federal court precedent on appealability reaffirmed. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 7. current appeal is deemed non-appealable. (Para 22 , 23 , 24) |
| 8. sessions court's decision upheld; amendments allowed. (Para 25 , 26) |
| 9. appeal dismissed, costs awarded. (Para 27) |
Introduction
[1] This appeal by the Appellant/Plaintiff arises from the Sessions Court's decision to allow the Respondent/Defendant's application to amend its Defence. Dissatisfied with that decision, the Appellant/Plaintiff has filed the present appeal. Beyond the substantive issue of whether the Sessions Court was correct in allowing the Respondent/Defendant's application to amend its Defence, this appeal also raises a critical preliminary procedural question: whether a subordinate Court's decision to allow or disallow an application to amend pleadi
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