For some reason this was one of my favourite chapters in Civil Procedure. Yeah, weird. I even did research for this chapter.
I did not attend much of the usual classes and only went for some of the revision classes but for Civil Procedure i think i did not miss out on any of the revision classes given by Mr. Surdev. His revision classes are really good. So be sure to not miss out on his revision classes if he is still the one teaching Civil Procedure.
A few of his classes i would sit right infront from being a back-bencher lol. I brought my laptop instead of writing down what he was teaching during the revision class because i seriously had no clue about anything of this Civil Procedure during the first few revision classes (no shit, even some people thought i was a new student..), but with the aid of the revision classes and doing my own reading and notes-making i managed to grasp the concept. It is important to understand the concept first rather than just merely memorize.
Anyway, i managed to do my notes for this chapter (Amendments (Order 20), just in case you’ve lost track), that i used for my exams in one piece of paper and one sticky note.
I am just going to briefly type out some notes on this chapter right now, at least the most significant things that you need to know because i want to do some reading before i head to bed tonight and i have to wake up early (nothing new there) as i have to go to court for case management and a hearing.
Order 20 rule 1 & 3 – Court may BEFORE the close of pleadings allow the Plaintiff to amend his Writ and Statement of Claim ONCE WITHOUT leave on such terms as to costs or otherwise.
Order 20 rule 5(1) ; Alloy Consolidated v Dato Dr’ Haji Adam Harun – AFTER close of pleadings, leave of the court MUST be obtained.
- Clarapede v Commercial Union Association – Bret MR said that amendments should be allowed if it can be made without injustice to the other side who can be compensated with costs.
- Yamaha Motor v Yamaha – The 3 requirements for amendment are :-
- The application for amendment must be bona fide, genuinely want to amend.
- The amendment must not cause prejudice to the other side.
- The amendment must not turn the suit of one character to another of inconsistent character.
- Hong Leong Finance v Low Thiam Hoe – the Federal Court held that at the late stage of proceedings, the principles in Yamaha Motor case ought not to be the sole consideration.
- Simetech v Yeoh Cheng Liam Construction – Courts will not allow amendment to add a new cause of action which arose after the action commenced as it will prejudice the other party.
But may amend under O.20 r.5 where cause of action arises out of the same facts.