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2016 MarsdenLR 1842

HIGH COURT MALAYA GEORGETOWN
ADVENTIST HOSPITAL & CLINIC SERVICES (M) – Appellant
Versus
KEE BOON SUAN & ANOR – Respondent


Table of Content
1. case involves amendment requests post-judgment. (Para 1 , 2 , 3)
2. parties' dispute over judgment details and discrepancies. (Para 4 , 5 , 6)
3. court finds no discrepancies; amendment equates to paraphrasing. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. legal principle of functus officio limits judgment alterations. (Para 14 , 15)
5. conclusion dismisses amendment application. (Para 16)
Abdul Wahab Mohamed J:

Background Facts

[1] This is an application to amend the judgment of the court dated 14 July 2015 ("the Judgment"). The Judgment was delivered by learned Judicial Commissioner Dato' Nordin Hassan ("the learned JC") after conclusion of full trial of two consolidated actions ie 22NCVC-85-02/2013 and 22NCVC-307-10/2013.

[2] In these actions, Adventist Hospital & Clinic Services (M) sued Kee Boon Suan and Ang Mooi Sim for outstanding medical charges of their daughter, Kee Jun Hui (collectively referred as "the Patient"). By way of counterclaim, the Patient claimed against Adventist Hospital & Clinic Services (M), Dr Cheok Chee Yew, Dr Patrick Tan KS and Dr Wong Chung Chek (collectively referred as "the Hospital") for medical negligence which left Kee Jun Hui paralyzed from the

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