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).

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 →