JUDGMENT

S Nantha Balan JCA:

[1] This is an appeal by the Plaintiff against the decision of the Learned Judicial Commissioner of High Court dated 7 April 2022, in allowing the Defendants' application (Enclosure 29) and striking out the Suit No: 23 NCVC-4-03/2016 ("the 2nd Suit"). The decision of the Learned Judicial Commissioner is reported as Cheng Hin Teng (Suing As The Husband & Legal Beneficiary Of The Deceased Wan Mei Lee) v. Dr Anuar Md Yasin & Anor (HC). The Defendants' application to strike out was based, inter alia, on a plea of res judicata. The Learned Judicial Commissioner agreed with the Defendants that the 2nd Suit was an abuse of process as it was precluded by the plea of res judicata.

[2] The Plaintiff's late wife Mdm. Wan Mei Lee ("Deceased") was admitted as a patient at the 2nd Defendant ("the Hospital") on 26th May 2001 around 7.30pm. She was taken to the Hospital with complaints of severe headache etc. She was seen by the 1st Defendant ("D1"). She was subsequently seen by one Dr. How Lay Guan. By 9.00pm her condition had deteriorated and she went into a coma. She was then taken to the Johor Specialist Centre. She died on 4 June 2001. The cause of death was massiv