MAJLIS PERUBATAN MALAYSIA & ANOR vs ASIA PACIFIC HIGHER LEARNING SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 268

COURT OF APPEAL PUTRAJAYA
MAJLIS PERUBATAN MALAYSIA & ANOR – Appellant
Versus
ASIA PACIFIC HIGHER LEARNING SDN BHD – Respondent

Petitioner Advocates:Mohod Hafarizam Harun,Emelia Iszeham ,Respondent Advocate: Gerard Lourdesamy,Nor AC Devi

Table of Content
1. introduction of the primary facts surrounding the appeal. (Para 1 , 4 , 7 , 12)
2. the case revolves around an appeal regarding claim amendments arising from cancellation of medical degree programs. (Para 2 , 3)
3. arguments presented highlight discrepancies in the amendment application timing and purpose. (Para 27 , 28)
4. discussion on procedural implications and tactical maneuvers in legal amendments. (Para 30 , 36 , 49)
5. court emphasizes the need for a single cohesive claim rather than a split public/private action. (Para 38 , 39)

[1] This is an appeal by the Malaysian Medical Council ('the MMC') and Prof. Dato' Dr Wan Mohamed Bebakar ('the Professor') in respect of an application to amend a re-amended statement of claim in Civil Suit No: 22NCVC-51-02-2014 ('Suit No 51'). Suit No 51 was commenced by Asia Pacific Higher Learning Sdn Bhd ('APHL') which owns Lincoln University College. The Professor was sued as the second defendant as he is a member of the MMC, the first defendant, and was the chairman of the accreditation panel which visited Lincoln University College in May 2011 and in April 2013. The facts are not in dispute and are set out below.

The Salient Fac

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2018 MarsdenLR 268

COURT OF APPEAL PUTRAJAYAMAJLIS PERUBATAN MALAYSIA & ANOR – AppellantVersusASIA PACIFIC HIGHER LEARNING SDN BHD – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
MAJLIS PERUBATAN MALAYSIA & ANOR – Appellant
Versus
ASIA PACIFIC HIGHER LEARNING SDN BHD – Respondent