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2025 MarsdenLR 4507

HIGH COURT MALAYA SHAH ALAM
VICTOR GOH – Appellant
Versus
LOW WEE FOK – Respondent


Petitioner Advocates:not present ,Respondent Advocate: Goh Hooi Hooi

JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The Appellant's Notice of Appeal dated 10 June 2025 was an appeal against the decision of the Sessions Court on 27-5- 2025 that struck off the Appellant's application in encl 10 and allowed the respondent's Amended Statement of Claim dated 19 May 2025 ("Amended SOC").

[2] The appeal was called up at about 11.00am on 23 September 2025. The Appellant omitted to file any written submissions as directed or to attend the hearing scheduled at 10.30am.

Analysis And Findings

[3] There were various complaints of irregularities about the Notice of Appeal and the Record of Appeal filed by the Appellant. This Court considered only the substantive matters that arose from the decision of the Sessions Court Judge which relate to the application of O 20 rr 3 and 4 of the Rules of 2012 ("RC").

[4] The date of pleadings filed by the parties at the Sessions Court were as follows:

[5] The Respondent's Amended SOC was amended pursuant to O 20 r 3 of the RC which reads:

3. Amendment of pleadings without leave (O 20 r 3)

(1) A party may, without the leave of the Court , amend any pleading of his once at any time before the pleadings are deemed to be clos


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