Classic Shield Sdn Bhd v 1. ) Solaris Ceria Sdn Bhd (WA-23NCvC-67-09/2020)

SOLARIS CERIA SDN.BHD.

ECONPILE (M) SDN BHD

KERJAYA PROSPEK (M) SDN BHD

ETIQA GENERAL TAKAFUL BERHAD (NO. SYARIKAT: 1239197-A) …DEFENDAN-DEFENDAN 26/08/2024 14:19:40 WA-23NCvC-67-09/2020 Kand. 166 JUDGMENT Introduction 1. The Plaintiff in this case filed an application to amend the Statement of Claim on 30/6/2024 under Order 20 Rule 5(1) of the Rules of Court 2012 (“the Rules”).

Order 20 Rule 5(1) of the Rules provides as follows:

Amendment of writ or pleading with leave (O. 20 r. 5)

Subject to Order 15, rules 6, 6A, 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 a manner, if any, as it may direct. Affidavit in support of Application

In this case the affidavit in support of the application was affirmed by Steven David Shorthose the Managing Director of the Plaintiff.

The main reason for the application was that there were new development of facts since the filing of an earlier amended Statement of Claim. This new development would affect both issues to be tried as well as the amount of damages damages.

The amendments are necessary following a transfer of the Plaintiff’s business from a temporary premise to a permanent premise which will have a bearing on the damages claimed due to loss of revenue, profit and the goodwill of the company.

This change in the business required an analysis from a professional analyst who had only prepared and submitted recently a new audit financial report. The Court’s ruling on the application 7. In determining the application to amend the Court looked at the background of this case particularly the date of filing this claim which was on 30/9/2020.

The 1st application to amend the writ was allowed by the Court on 31/5/2022. On this date the Court maintained the trial date from 8 to 10/5/2023 and instructed the parties to file the issue to be tried, agreed facts and bundle of documents latest by 7/4/2023 with an unless order.

The parties failed to comply with the Courts directive even during the 1 year period which was given. The Court thereby struck off the Plaintiff’s claim under Order 34 of the Rules for the non-compliance with the court’s directive despite the Court giving an unless order.

On appeal the Court of Appeal reverted the Court’s order of striking off and remitted the case to this Court for the matter to be fixed for trial.

On 4/3/2024 on receiving the Court of Appeal order the Court fixed the date of Trial on 15, 22nd and 29/8/2024. The Court again gave direction for case management with an unless order to be complied with latest by 4/7/2024. The Court also gave further instructions that any interlocutory applications are to be filed and be to disposed off before this final case management date.

Despite this instructions the Plaintiff made this last minute application on flimsy ground without giving any particulars in the affidavit in support as to when the professional analyst was appointed, when the Plaintiff shifted their business from temporary to a permanent site or when the audited financial accounts were completed.

To this Court just by stating bare facts bereft of any details showed that the Plaintiff’s application was not genuine and a mere ploy to delay the trial. This flouted the provision of the Rules for a just expeditious and economical trial as envisaged under Order 34 of the Rules. Conclusion 14. The Court dismissed the Plaintiff’s application to amend with a cost of RM3, 000. Dated: 21.8.2024 sgd DATO’ HAJI AKHTAR BIN TAHIR Judge High Court of Malaya, Kuala Lumpur PARTIES For the Plaintiff: Nama Peguamcara: Lim Wei Jiet; Hannah Kam Tetuan Lim Wei Jiet, Suite 8.01A, Level 8, Wisma E & C, Lorong Dungun Kiri, Damansara Heights, 50490 Kuala Lumpur. For the Defendant: Nama Peguamcara: Wong Siong Kwan; Masitah Alias Tetuan Hazidin Chan (Peguamcara Responden Pertama) 01-01, Seri Bukit Ceylon, 8 Lorong Ceylon Off Jalan Raja Chulan, 50200 Kuala Lumpur. Nama Peguamcara: Paul Lee Teong Ghee Tetuan T.G. Lee & Associates (Peguamcara Responden Ke -2) Unit 35, 6-1, Jalan 3/50, Diamond Square Commercial, Centre Off Jalan Gombak, 53000 Kuala Lumpur. Nama Peguamcara: Nicholas Ng Tat Sun Tetuan Simrenjeet, Tay & Co (Peguamcara Responden Ke -3) SW-3A-07 & 08, Cova Square, Jalan Technology, Kota Damansara, PJU 5, 47810 Petaling Jaya, Selangor. Nama Peguamcara: Leena Subramaniam Tetuan Anad Noraini (Peguamcara Responden Ke -4) Level 12, The Heritage House, Jalan Yap Ah Shak, 50300 Kuala Lumpur.