Atan Mustaffa Yussof Ahmad J:

(Enclosure 119 — Application To Amend Defence And Counterclaim)

Introduction

[1] Before the court is the defendants' Notice of Application dated 17 March 2025 (encl 119) filed pursuant to O 20 r 5 of the Rules of 2012 ("ROC"), seeking leave to amend the Defence and Counterclaim dated 9 May 2023 (encl 7). The Plaintiff in the Original Action and 1st Defendant in the Counterclaim is Kenanga Investors Berhad ("Kenanga"). The 1st Defendant in the Original Action and 1st Plaintiff in the Counterclaim is Zulrafq Capital Sdn Bhd ("Zulrafq"). The 2nd Defendant in the Original Action and 2nd Plaintiff in the Counterclaim is Tan Sri Zulhasnan bin Rafique ("TSZ"). The 2nd Defendant in the Counterclaim is Muhammad Taqiuddin Halim ("Taqiuddin") and the 3rd Defendant in the Counterclaim is Datuk Wira Ismitz Matthew ("Ismitz").

[2] The proposed amendments are set out in Lampiran A to the Affidavit in Support dated 17 March 2025 (encl 120). The application was strenuously opposed by Kenanga, Taqiuddin, and Ismitz, who filed comprehensive written submissions, affidavits in opposition, and presented oral submissions. This application was heard together with similar