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CP Class 13.12

This document summarizes the key points regarding striking out and amendment of pleadings under Order 18 and Order 20 of the Rules of Court 2012. The four grounds for striking out a claim or defense are: (1) no reasonable cause of action/defense, (2) prejudice, embarrass or delay a fair trial, (3) abuse of the court's process, and (4) scandalous, frivolous or vexatious. Amendments to pleadings generally require leave of the court, though amendments without leave are allowed under certain circumstances. The timeliness of an amendment request and potential for delay are factors the court considers in deciding whether to grant leave. Important cases on these topics include Bandar

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Chin Yuh Herng
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50 views3 pages

CP Class 13.12

This document summarizes the key points regarding striking out and amendment of pleadings under Order 18 and Order 20 of the Rules of Court 2012. The four grounds for striking out a claim or defense are: (1) no reasonable cause of action/defense, (2) prejudice, embarrass or delay a fair trial, (3) abuse of the court's process, and (4) scandalous, frivolous or vexatious. Amendments to pleadings generally require leave of the court, though amendments without leave are allowed under certain circumstances. The timeliness of an amendment request and potential for delay are factors the court considers in deciding whether to grant leave. Important cases on these topics include Bandar

Uploaded by

Chin Yuh Herng
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CP Class 13/12/2023

Striking Out
O18 r 19:
- 4 grounds for striking out, must use ‘OR’ when mentioned four of it but not ‘And’
between them.
- Court only look at SOC for this, no affidavit needed or should be file.
- When apply for struck out in our practice, we can tulis je a/b/c/d but not either one or
two je. Only in our submission we need to specific it related to facts.
- Find case Bandar Builder! Very important for test of striking out.

Elaborate for 4 grounds


a. No reasonable cause of action/defence
- Mohamad Izaham Mohamed Yatim [2015] 7 CLJ 805: hard disk contained video of he
and his wife, and the disk had been sent to third party. So, breach of privacy. But since
breach of privacy is not an actionable cause, the court held no reasonable cause of
action in this case.
b. ….
c. Prejudice, embrass / delay fair trial
- Gan Seng Biang [2011] 3 CLJ 567: P filed a summary judgment for the payment and
get the court decision dy. But D filed a counterclaim the court decision to set aside on
the same issue. P file for D’s counterclaim to be strike out as it ‘is unsustainable,
scandalous, frivolous, and vexatious and to allow it to continue would prejudice,
embarrass or delay the fair trial of this action. It is also a clear abuse of the process
of the court.’
d. Abuse of the process of the court

Appeal against Dimissal


- If court dismiss your striking out application, cannot appeal. Go for bicara je.
Amendment
- MOST IMPORTANT CASE:
i. Yamaha Motor Co Ltd v Yamaha (M) Sdn Bhd & Ors [1983] 1 CLJ
ii. Hong Leong Finance Bhd v Low Thian Hoe & Anor [2015] 8 CLJ 1 (Federal
Court): Disallowed, because of late filing for amendment, 1 day before bicara.
(both case are amendment with leave)
- 2 types: without leave / with leave

O20 r 2
- ‘May not amend his MOA without leave of the court’: WITH LEAVE.
- Leave to amend be granted by the court, then D file a fresh MOA indicating the
amendments allowed by the court.

O20 r3
- Amend pleadings without leave

Delay
- Hong Leong Finance case
- In determining the issue of delay: Everise Hectares Sdn Bhd v Citibank Bhd [2011] 2
CLJ 25

Amendment of OS
- O20 r 7, kena leave of court
Amendment of Other Docs
- O20 r 8
Amendment of Judgment/Order
- O20 r 11
- Functial afficio?
Failure to Amend after Order
- O20 r9

If Affidavit (bukan writ/pleadings) need to amend?


- Cannot amend under O20(only for writ and pleadings), but can submit Affidavit
pembetulan to court.
If SOC applied for amendment second time (semua docs total can pinda 3 times[1 time for
without leave, 2 times for with leave]), will become Pernyataan Tuntuan Terpinda Dipinda, if
pinda 3rd times, become Pernyataan Tuntuan Terpinda Dipinda. Warna docs also will change:
1st-red, 2nd-green, 3rd-purple.

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