Back
COURT OF APPEAL PUTRAJAYA
AVISENA HEALTHCARE SDN BHD – Appellant
Versus
EZRA MOHD SAFFUAN & ORS – Respondent
| Table of Content |
|---|
| 1. introduction of parties and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. court's observations on the necessity of a full trial. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 3. ratio decidendi on vicarious liability. (Para 24 , 25 , 26 , 27) |
| 4. arguments presented by both parties. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. final conclusion and order. (Para 38) |
Introduction
[1] By encl 15, the Appellant / 1st Defendant vide a Notice of Application dated 25 March 2022 pursuant to O 18 r 19(1)(a), (b), (c) and (d) and O 92 r 4 of the Rules of Court 2012 seeking to strike out the Respondents / Plaintiffs' Writ of Summons and Statement of Claim filed on 14 December 2021.
[2] For ease of reference, the Appellant shall be hereinafter referred to as the 1st Defendant, Dr Norleen binti Mohd Salleh in the Respondents' Suit, will be referred to as the 2nd Defendant. Whilst the Respondents Ezra bin Mohd Saffuan (1st Plaintiff), Monica Gill (2nd Plaintiff) and Mohd Saffuan bin Johari (3rd Plaintiff) will be collectively referred to as the Plaintiffs in this judgment.
Background Facts
[3] The 1st Plaintiff is the son
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
