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2025 MarsdenLR 6525

COURT OF APPEAL (PUTRAJAYA)
MOHD GHAZALI, J, HASAN LAH, J, WAN ADNAN MUHAMMAD, JJCA
Dato' Tan Heng Chew – Appellant
Versus
Tan Kim Hor and another – Respondent


Advocates:
Lim Kian Leong (Sia Siew Mun with him) (Lim Kian Leong & Co) for the appellant.
Douglas Yee (Siew Choon Jein with him) (Douglas Yee) for the respondent in Civil Appeal No W–02–677 of 2007.
Raja Aziz Addruse (Lee Hishammuddin Allen & Gledhill) for the respondents in Civil Appeal No W–02–708 of 2007.

Hasan Lah JCA

(delivering judgment of the court)

INTRODUCTION

[1]The parties are referred to in their respective capacities in the High Court.

[2]By summons in chambers (encl 30), the plaintiff applied under O 20 r 5 of the Rules of the High Court 1980and/or the inherent jurisdiction of the court for leave to:

(a)substitute the then third defendant with the names of its partners; and

(b)amend the writ of summons and the statement of claim.

[3]The learned senior assistant registrar granted leave to the plaintiff to substitute the then third defendant with the names of its partners and to amend his statement of claim. The first defendant and the second to the 19th defendants filed separate appeals to the judge in chambers against the decision of the learned senior assistant registrar in allowing the amendments to the plaintiff's statement of claim. The learned judge allowed both the appeals with costs on 18 June 2007. The decision to substitute the names of the partners was not challenged before the High Court judge.

[4]The plaintiff filed appeals to this court against the decisions of the learned High Court judge. Case No W-02–677 of 2007 involved the first defendant and Case No W-02–708 o

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