AMENDMENT OF WRIT AND PLEADINGS

1. Order 20: amendment

i. Without leave: R 1, 3 ,4.

ii. With leave: R 2, 5, 7.

2. O 20 R 1: amendment of writ without leave

(1) may amend the writ once before the close of pleadings.

(3) for amendment after service of writ but before close of pleadings, the amendment shall not consist
of

i. Addition, omission or substitution of a party to the action or an alteration of the capacity in which a
party to the action sues or is sued

ii. Addition or substitution of a new cause of action; or

iii. Amendment of the statement of claim, if any, endorsed on the writ.

3. In simple words:

i. Before service of writ: may amend anything without leave

ii. After service of writ: may amend anything without leave except the matters under (3).

iii. To amend the three things under (3), may apply R 5.4.

O 20 R 3: amendment of pleadings without leave

(1) Party may without leave amend pleading once at any time before close of pleadings and serve
theamended pleading on the opposite party.

(2) if amended statement of claim served on defendant, defendant may amend his defence and
serveback the amended defence either in period set by the rules or in 14 days after amended statement
ofclaim is served on him

(3) if amended defence served on the plaintiff, plaintiff may amend his reply and serve back
theamended reply in 14 days after the amended defence served on him.

(4) if it is amended counterclaim, (2) shall apply as if it is statement of claim.

5. O 20 R 5: amendment of writ or pleading with leave

- Cross refer to O 15.

- The court may at any stage of proceedings allow the plaintiff to amend writ, any party to amend
pleadings.

6. O 20 R 7: amendment of other originating process

- Similar to R 5. 7. O 20 R 9: failure to amend after order

- Where the court has made order giving leave to amend, the party does not amend in accordance with
the order before the period prescribed, the order shall cease to have effect.

8. O 20 R 10: mode of amendment (1) if too many files needed to be amended, shall prepare fresh
document but not alterations, and attach the fresh documents to the original documents.

(2) amended documents shall be endorsed with statement that it has been amended.

9. O 20 R 11: amendment of judgement and orders

- Clerical mistakes, accidental slip or omission in judgement or orders, may at any time be corrected by
the Court by notice of application without an appeal.

10. Situation 1: spelled Othman, supposed to be Osman.

- Before service of writ: rely on R 1, amend without leave

- After service of writ: rely on R 1(3) amend without leave / rely on R 5, amend with leave

- For OS: rely on R 7. 11. Situation 2: spelled Othman, supposed to be Ahmad. - Before service of writ:
rely on R 1, amend without leave - After service of writ: rely on R 5(1), amend with leave, because to
change party, falls under R1(3)12.

Looi Guan Kway v Low Lean Bok & Ors

F: before the suit came on for trial, the plaintiff filed application to amend the plaint.

H: notwithstanding latitude allowed by the courts for amendments in civil suits, the
proposed amendments could not be allowed, that (1) though not inconsistent with the character of the
suit, they sought to introduce several new causes of action(2) they would cause an injustice to several of
the defendants

(3) the belated application was not made bona fide.

- Amendments should always be allowed provided that:

 i. There is bona fides on part of applicant

ii. They cause no prejudice to the other side which cannot be compensated by costs; and

iii. They are not such as to turn a suit of one character into a suit of another
and in consistent character.

13. Situation 3: in a statement of claim for accident case, plaintiff listed his injuries and damages to be
claimed. After the writ was issued, he realized that he suffered right eyes injury but it was not pleadedin
the statement of claim.

- Rely on O 20 R 1(3), the amendment of statement of claim/ pleading can be made without leaveunder
O 20 R 1 after service of writ, because the cause of action for the eye injury is the samewhich is the
accident.

- Rely on O 20 R 5, amendment of statement of claim/ pleading can also be made with leave afterservice
of writ.

14. Eshelby v Federated European Bank Ltd

F: A limited company employed building contractor to execute certain repairs and decorations to
abuilding by an agreement between company, guarantor, bank and contractor. The agreement provided
that the contractor should do the work for the sum to be paid in 4 equal instalments. The company did
not pay the first instalment. The contractor issued writ against the bank claiming the first instalment.
The case was heard by Official Referee who gave plaintiff leave to amend writ by adding to the claimthe
second instalments.

H: the defendants appealed. The official referee had no power to amend the writ by adding to the claim
an amount not due at the date of the writ. Judgement was given for the defendants.

15. O 20 R 4: application for disallowance of amendment made without leave

- Party may apply within 14 days after service of amended writ, to disallow the amendment

- If court satisfied that application for leave to amendment would have been refused, it shall order
amendment to be struck out.

16. O 20 R 8: amendment of certain other documents

- To determine real question in controversy between parties, court may at any stage of
proceedings either by its own motion or upon application of any party, order any document to be
amended.

- No effect on judgement or order.