Winding-up petition amendments may clarify a debt claim where no new cause of action or prejudice is introduced.

A winding-up petition may be amended to clarify the basis of a debt claim where the amendment only explains the antecedent transactions and how the claimed amounts arose from original deposits and renewals. An amendment that does not introduce a fresh claim or substitute a new case can be permitted under the Code of Civil Procedure and the Companies (Court) Rules when required to determine the real controversy. Where the respondent has already met the substance of the claim and no actionable prejudice or limitation-based immunity is shown, the amendment will be allowed.

---

---

Issues: Whether the winding-up petition could be amended to clarify the basis of the debt claim without introducing a new cause of action or causing prejudice to the respondent.

Analysis: The proposed amendment did not seek to add a fresh claim or substitute a new case. It merely explained the antecedent transactions and the manner in which the amounts claimed had arisen from the original deposits and subsequent renewals. The applicable procedural framework under the Code of Civil Procedure and the Companies (Court) Rules was broad enough to permit amendment in winding-up proceedings where justice required it. Since the respondent had already met the substance of the claim and no actionable prejudice or limitation-based immunity was shown on the facts, the amendment was necessary to determine the real controversy between the parties.

Conclusion: The amendment was allowed.

---