Federal Court amends the principles for amendment of pleadings

The Federal Court decision in Hong Leong Finance Bhd v Low Thiam Hoe and another appeal [2015] 8 CLJ 1 sets out a significant clarification on the principles for amendment of pleadings very close to trial (as opposed to amending pleadings at the beginning of proceedings).

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This decision adds additional requirements to the Federal Court case of Yamaha Motor [1983] 1 MLJ 21 which originally, set out three basic requirements: (i) whether the application was bona fide; (ii) whether the prejudice caused to the other side can be compensated by costs; and (iii) whether the amendments would not in effect turn the suit from one character into a suit of another and inconsistent character. Continue reading

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