DATO’ TAN HENG CHEW v. TAN KIM HOR & ANOTHER APPEAL [2010] 8 CLJ 1 [2009] 1 LNS 666

COUNSEL & SOLICITOR:
(Civil Appeal No: W-02-677-2007) For the appellant – Lim Kian Leong; M/s Lim Kian Leong & Co

(Civil Appeal No: W-02-708-2007) For the appellant – Lim Kian Leong; M/s Lim Kian Leong & Co

Court Of Appeal

CIVIL PROCEDURE: Amendment – Writ of summons and statement of claim – Defamation suit – Case not set down for trial – Proposed amendments to set out with greater clarity defamatory nature of statements by way of innuendo other than in their natural and ordinary meaning – Amendment allowed

CIVIL PROCEDURE: Amendment – Writ of summons and statement of claim – Principles applicable – Whether prejudice suffered by defendant could be compensated by costs – Whether new facts and issues raised – Whether application for amendment one year and seven months after "Agreed Issues To Be Tried" constituted inordinate delay – Whether proposed amendments a tactical manoeuvre and abuse of process of court – Proposed amendments allowed so that true issues in controversy could be resolved – Far greater injustice if plaintiff’s case was limited prematurely – Order 20 r. 5 Rules of the High Court 1980