Narkunavathy Sundareson J:

Introduction

[1] For convenience, parties will be referred to as they were in the Sessions Court.

[2] This is the Plaintiffs appeal against the decision of the learned Session Court Judge (SCJ) dated 8 July 2024 wherein she dismissed the Plaintiffs application to enter judgment on admission of facts under O 27 r 3(1) Rules of Court 2012 ( ROC ).

[3] After careful consideration of the cause papers and submissions, this Court dismissed the Plaintiff's appeal on 9 February 2025. The following are the reasons for that decision.

Background Facts

[4] The Plaintiff instituted a suit in the Sessions Court claiming damages for alleged medical negligence whilst she underwent treatment in Kulim Hospital circa 2020.

[5] In their Statement of Defence, the Defendant denied the whole of the Plaintiff's claim and put her to strict proof.

Application Under Order 27 ROC

[6] The Plaintiff's application for judgment was premised on admissions made during case management of her suit on 30 May 2023 dan 20 December 2023 (Exhibits "NF-1" and "NF-2", pages 24 - 27 Rekod Rayuan Jilid II).

[7] The Plaintiff alleged that the Defendants were well aware of their negligence from thei