HONG LEONG FINANCE BHD vs LOW THIAM HOE & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 153

FEDERAL COURT PUTRAJAYA
HONG LEONG FINANCE BHD – Appellant
Versus
LOW THIAM HOE & ANOTHER APPEAL – Respondent

Table of Content
1. basic facts surrounding the appeals and lower court decisions. (Para 1 , 2 , 4 , 5 , 6)
2. court of appeal's rationale for allowing amendments. (Para 10 , 11 , 12 , 14)
3. considerations for amending pleadings informed by prior case law. (Para 15 , 16 , 18 , 19 , 20 , 21 , 22)
4. clarified principles on late amendments and the necessary burden of proof. (Para 35 , 36)

Zulkefli Ahmad Makinuddin CJM:

Introduction

[1] These are two appeals filed before us by the appellant against the two decisions of the Court of Appeal on 7 November 2012 which allowed the appeals by the respondent against the decisions of the High Court. The appellant was the plaintiff and the respondent was the defendant before the High Court. We shall refer to the parties as they were before the High Court.

[2] There were two separate appeals before the Court of Appeal. We shall refer to the first appeal as the amendment appeal and the second appeal as the merits appeal. The Court of Appeal had allowed the defendants appeal in the amendment appeal against the High Courts dismissal of the defendants application to amend the defence and counterclaim (the first decision). The Court of Appeal also made an o

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2015 MarsdenLR 153

FEDERAL COURT PUTRAJAYAHONG LEONG FINANCE BHD – AppellantVersusLOW THIAM HOE & ANOTHER APPEAL – Respondent

Cases Referred (1)

FEDERAL COURT PUTRAJAYA
HONG LEONG FINANCE BHD – Appellant
Versus
LOW THIAM HOE & ANOTHER APPEAL – Respondent