Atan Mustaffa Yussof Ahmad J:

GROUNDS OF JUDGMENT

(Enclosure 112 - Application to Amend Defence and Counterclaim)

INTRODUCTION

[1]Before the court is the Defendants’ Notice of Application dated 17.3.2025 (Enclosure 112) filed pursuant to Order 20 Rule 5 of the Rules of Court 2012 (“ROC”), seeking leave to amend the Defence and Counterclaim dated 9.5.2023 (Enclosure 8). The Plaintiff in the Original Action and First Defendant in the Counterclaim is Kenanga Investors Berhad (“Kenanga”). The First Defendant in the Original Action and First Plaintiff in the Counterclaim is Zulrafq Capital Sdn Bhd (“Zulrafq”). The Second Defendant in the Original Action and Second Plaintiff in the Counterclaim is Tan Sri Zulhasnan bin Rafique (“TSZ”). The Second Defendant in the Counterclaim is Muhammad Taqiuddin Halim (“Taqiuddin”) and the Third Defendant in the Counterclaim is Datuk Wira Ismitz Matthew (“Ismitz”).

[2]The proposed amendments are set out in Lampiran A to the Notice of Application. 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