JUDGMENT

Abdul Malik Ishak J:

Introduction

The learned senior assistant registrar ("SAR") dismissed with costs the defendant's application by way of a summons in chambers for leave to amend its defence. Being aggrieved, the defendant filed a notice of appeal to the judge in chambers as seen in encl. 18.

The Legal Principles For Grant Of Leave To Amend

First and foremost, there is O. 20 r. 5(1) of the Rules of the High Court 1980 ("RHC") which states as follows:

Subject to Order 15, rules 6, 7 and 8 and the following provisions of this rule, the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleading, on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.

Then reference should be made to "The Supreme Court Practice 1991, vol. 1, part 1, at p. 365." There the general principles for grant of leave to amend are stated in lucid terms in this way:

It is a guiding principle of cardinal importance on the question of amendment that, generally speaking, all such amendments ought to be made 'for the purpose of determining the real question in controversy between the parties to any proceedi