JUDGMENT

Hashim Hamzah J:

Introduction

[1] This is the applicant's application for judicial review under O 53 of the Rules of 2012 ('the ROC 2012'). The applicant claimed for the following reliefs, namely:

(a) an order of certiorari to quash the whole Award No 1975 [[2019] MELRU 1975] dated 8 July 2019 which was delivered by the second respondent in Case No 10/4-557/14;

(b) such further or other relief as the Court deems fit and proper; and

(c) cost.

Background Facts

[2] Briefly, the facts in the present case are as follows.

[3] On 18 October 1995, the first respondent applied for a resident anaesthetist post at the applicant's hospital ('the hospital'). However, the applicant did not approve the first respondent's application.

[4] By way of a letter dated 20 October 1995, one Dr Sivapalan and one Dr Sham Kumar jointly applied for the post of resident anaesthesiologists at the hospital. In the same letter, they sought to engage the first respondent as their substitute to provide services to the hospital in the event that either of them was unavailable.

[5] By way of a letter dated 5 January 1996, the hospital confirmed the appointment of Dr Sivapalan and Dr Sham Kumar as the resident consult