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Analysing the retrieved Case Laws
Scanned Judgements…!
Opposition to Application to Amend After Preliminary Objection - The main issue is whether an application to amend pleadings or notices can be opposed once a preliminary objection has been raised, especially if the objection pertains to procedural non-compliance or attachment issues. Courts generally dismiss preliminary objections that are procedural or technical in nature, such as the failure to attach amendments to the original notice or improper referencing of rules, provided no prejudice is caused to the opposing party ["KENANGA INVESTORS BERHAD vs ZULRAFQ CAPITAL SDN BHD & ANOR - High Court Malaya Kuala Lumpur"], [](https://supremetoday.ai/doc/judgement/MYS00000121731), ["Kenanga Investors Bhd vs Zulrafq Capital Sdn Bhd & Anor"].
Main Points and Insights:
Some courts have rejected objections that are based on alleged procedural violations if the opposing party demonstrates that the objection is merely technical and does not prejudice their case ["Munasinghe Leela Nanda Silva Welpansala Road vs T.G. Chandrawathie Wijesekera Waskadu Methsevena - Supreme Court"].
Analysis and Conclusion:
References:- ["KENANGA INVESTORS BERHAD vs ZULRAFQ CAPITAL SDN BHD & ANOR - High Court Malaya Kuala Lumpur"]- [](https://supremetoday.ai/doc/judgement/MYS00000121731)- ["Kenanga Investors Bhd vs Zulrafq Capital Sdn Bhd & Anor"]- ["VIKNESWARAN NADAN vs SHATHISWARAN NADARAJA & ORS - High Court"]- ["CHUNG VUN KET vs GEORGINA PANG RUI WEN & ANOR - 2024 MarsdenLR 2578"]- [](https://supremetoday.ai/doc/judgement/MY_MLRH_2000_6_MLRH_710)- ["J.RAJU A/L M.KERPAYA @ JAYARAMAN A/L M.KERPAYA vs PERWIRA HABIB BANK MALAYSIA BERHAD"]- ["Munasinghe Leela Nanda Silva Welpansala Road vs T.G. Chandrawathie Wijesekera Waskadu Methsevena - Supreme Court"]
In the fast-paced world of litigation, procedural maneuvers can make or break a case. Imagine this: a preliminary objection has been raised during submissions, highlighting flaws in the opponent's notice of application. Then, suddenly, they seek to amend it. Can you oppose this? And will the court allow it?
This scenario raises a critical question: opposing an application to amend a previous notice of application after a preliminary objection had already been raised during the submission stage. Generally, such opposition is viable if the amendment introduces new issues, causes prejudice, or smacks of bad faith. Malaysian courts, guided by the Rules of Court 2012, prioritize procedural integrity, timeliness, and fairness. Let's dive into the principles, case law, and strategies.
Amendments to pleadings or notices fall under strict judicial discretion. Courts favor applications that are timely, made in good faith, and do not prejudice the opposing party [
#CourtAmendments #PreliminaryObjection #LegalProcedures
Analysis And Findings Of The court Preliminary Objection — Non-Compliance with Order 41 Rule 11 [45] Before examining the substantive merits of the amendment application, I must first address a preliminary objection raised ... Submissions Of Taqiuddin [31] As a preliminary matter, Taqiuddin raised the objection that the Proposed Amendments in "Lampiran A" were not attached to the Notice of Application#H....
PRELIMINARY OBJECTION [48]Both Taqiuddin and Ismitz raised a preliminary objection that the Proposed Amendments in Lampiran A were not attached to the Defendants’ Notice of Application dated 17.3.2025. ... Accordingly, I dismiss the preliminary objection and proceed to examine the substantive merits of the amendment application. ... The Appellant opposed the application by raising the usual issue....
objection raised by Taqiuddin in his written submissions. ... Submissions of Taqiuddin [31]As a preliminary matter, Taqiuddin raised the objection that the Proposed Amendments in “Lampiran A” were not attached to the Notice of Application dated 17.3.2025, but only to the Affidavit ... [53]Accordingly, I dismiss the preliminary objection and proceed to examine the substantive merits of the amendment application. .....
The Preliminary Objection [48]Before examining the substantive merits of the amendment application, I must first address a preliminary objection raised by Taqiuddin in his written submissions. ... [55]Accordingly, I dismiss the preliminary objection and proceed to examine the substantive merits of the amendment application. ... The Appellant opposed the application by raising the usual issues when oppos....
to file the instant Notice of Application." ... The N/A was only filed after the Respondent had raised a preliminary objection ('PO') in her Written Submission as to the Memorandum of Appeal being defective for breach of O 55, r 4(3) of the Rules of , 2012 (' ROC '). ... (5) During pre-trial case management ('PTCM') before the Deputy Registrar, the Respondent's Counsel merely raised a preliminary objection regarding the need for....
[26] Having said so, the preliminary objection raised by the Respondent is a non-starter and ought to be dismissed. Most importantly, it has became academic since the Respondent has already filed in their AIO to reply to the AIS of this application. ... as follows: (a) Whether the preliminary objection raised by the Respondent ought to be allowed; and (b) Whether the AIS is defective and bad in law. ... In the instant appeal, the pleadings are #HL_S....
The Third Defendant's Grounds Of Objection [7] In opposing the application, the Third Defendant raised several objections, on legal and equitable grounds. ... [6] In addition, the Plaintiff had already advanced arguments on the issue of quantum in the written submission filed as encl 27. ... The application to amend the Notice of Appeal is a necessary procedural step to regularise the record and to ensure that the appeal is adjudi....
The Third Defendant's Grounds Of Objection [7] In opposing the application, the Third Defendant raised several objections, on legal and equitable grounds. ... [6] In addition, the Plaintiff had already advanced arguments on the issue of quantum in the written submission filed as encl 27. ... The application to amend the Notice of Appeal is a necessary procedural step to regularise the record and to ensure that the appeal is adjudi....
Encl 129 was filed in response to the Defendant's Preliminary Objection (Encl 126) which was raised preceding the commencement of the trial. ... [5] On the even date, the Plaintiff applied to file this Notice of Application in response to the Defendant's Preliminary Objection addressed to Court which was filed on 13 March 2025 (Encl 126) as follows: "Tujuan kami menulis surat ini adalah untuk memaklumkan ... " Issues In This Application [6] The De....
Encl 129 was filed in response to the Defendant's Preliminary Objection (Encl 126) which was raised preceding the commencement of the trial. ... [5] On the even date, the Plaintiff applied to file this Notice of Application in response to the Defendant's Preliminary Objection addressed to Court which was filed ... application was filed was to deal with the Preliminary Objection (Encl 126) on first day of trial on ....
After the stage of pleadings and documentary evidence was over, the learned Tribunal proceeded to record oral evidence. After filing the written statements with such contentions, the petitioner board also submitted a separate application (Exh. 8) and raised the objection against the maintainability of reference cases on the ground of delay, as preliminary objection. The board claimed that for such reasons, the reference was not maintainable and should be dismissed.
Raising of such preliminary objection at a belated stage of nearly one year after the presentation of the election petition is also pointed out to be a ground for rejection of the application.
After receipt of the notice from the Tribunal the petitioner entered appearance and filed an application raising preliminary objection in regard to the maintainability of the application. 1 was its creditor and, therefore, the bank could not have filed an application before the Tribunal for realisation of its dues by taking recourse to the Recovery of Debts due to Banks and financial Institutions Act, 1993 (for brevity 1993 Act' ). It was contended by the petitioner before the Tribunal that the petitioner is a cooperative society and the respondent No. The said respondent N....
After service of notice, respondent raised a preliminary objection by filing an application under Section 86 of the Representation of the People Act, 1951 (hereinafter referred to the Act ). It was averred that election petition was liable to be dismissed for non-compliance with the requirements of Section 82 of the Act. The preliminary objection was upheld and election petition was dismissed. In the election petition, respondent alone was arrayed as a party-respondent.
Similarly the Court would have to decide in each individual case whether the schedule or annexure referred to in section 83(2) constitutes an integral part of the election petition or not : different considerations will follow in the case of the former as compared to those in the case of the latter." They did not simply make an oral statement that they will amend and then continue the arguments on preliminary objections. A persual of the above shows that an opportunity should be given to amend if the application is made on the preliminary objection being raised by the returned cand....
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