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COURT OF APPEAL PUTRAJAYA
PENGARAH HOSPITAL SELAYANG & ORS – Appellant
Versus
AHMAD AZIZI ABDULLAH JAMES & ORS – Respondent
| Table of Content |
|---|
| 1. judgment introduction and procedural background (Para 1 , 2 , 3) |
| 2. grounds for striking out (Para 4 , 6 , 10) |
| 3. criteria for summary striking out (Para 5 , 7 , 9) |
| 4. plaintiffs' negligence claims and allegations (Para 8 , 11 , 12 , 17) |
| 5. timing and validity of defendants' defense. (Para 13 , 14 , 15) |
| 6. plaintiffs' rights and the duty of care. (Para 16) |
[1] This is an ex tempore judgment of this court.
[2] We will refer the parties as the plaintiffs and the defendants like what they were referred to by the High court.
[3] At the outset, the plaintiffs withdrew their claim against the second defendant (Kementerian Kesihatan Malaysia) and the High court Judge forthwith struck out the plaintiffs' claim against the second defendant.
[4] The defendants filed an application to strike out the plaintiffs' writ of summons and the statement of claim under O 18 r 19 of the Rules of the High 1980 ("RHC") and under the inherent jurisdiction of the court. In due course, the High court dismissed the defendants' application and they now appeal to this court.
[5] It is trite law that only in plain and obvious cases that recourse should be had to the summary process of striking out plea
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