TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2004] 3 CLJ 401

COUNSEL & SOLICITOR:
For the respondents – Lim Kian Leong; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Amendment – Petition – Companies winding-up petition – Whether petitioners’ proposed amendments to petition barred by doctrines of res judicata and issue estoppel – Whether ‘new events’ via proposed amendments already determined on their merits before – Whether there would be abuse of process of court – Principles in amendment of pleadings – Whether also applicable to winding-up petitions – Companies Act 1965, s. 221(2)(e) – Rules of the High Court 1980, O. 20 rr. 5 & 7 – Injustice – Bona fides of application – Prejudice and compensation with costs – Character of suit

COMPANY LAW: Winding-up – Petition – Amendment – Whether petitioners’ proposed amendments to petition barred by doctrines of res judicata and issue estoppel – Whether ‘new events’ via proposed amendments already determined on their merits before – Whether there would be abuse of process of court – Principles in amendment of pleadings – Whether also applicable to winding-up petitions – Companies Act 1965, s. 221(2)(e) – Rules of the High Court 1980, O. 20 rr. 5 & 7 – Injustice – Bona fides of application – Prejudice and compensation with costs – Character of suit