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2022 MarsdenLR 415

HIGH COURT MALAYA SEREMBAN
LIM E TERN & ORS – Appellant
Versus
PENGARAH HOSPITAL TUANKU JAAFAR SEREMBAN & ORS – Respondent


Petitioner Advocates:Harmindar Singh Dhillon,Sharannya Sundaramoorthy ,Respondent Advocate: Nurhafizza Azizan,Uma Devi Balasubramaniam

JUDGMENT

Azizul Azmi Adnan J:

Introduction

[1] These grounds of judgment relate to:

(a) an order of costs in the amount of RM500 given by the court against the defendants for failure to comply with pre-trial directions; and

(b) an unless order made by the court for the discovery of certain documents in the possession of the defendants.

Background Facts

[2] The first plaintiff is a minor. He suffers from cerebral palsy. Through his mother and litigation representative, he sued certain members of staff of Hospital Tuanku Ja'afar in Seremban for medical negligence related to the circumstances of his birth. The second and third plaintiffs are the first plaintiff's father and mother respectively. It was the plaintiffs' case that the negligence on the part of the defendants had led to cerebral hypoxia and ultimately to the condition from which the first plaintiff suffers.

[3] The suit was filed in October 2020.

[4] At a case management conference on 5 July 2021, trial was fixed for eight days in June 2022.

The Order Of Costs

[5] In the course of case management conferences, the court was informed that the plaintiffs wished to adduce expert testimony, and for this purpose expert reports would be pre


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