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1997 MarsdenLR 445

HIGH COURT MALAYA KUALA LUMPUR
DR RAYANOLD PEREIRA – Appellant
Versus
MENTERI SUMBER MANUSIA & ANOR – Respondent


JUDGMENT

Nik Hashim JC:

Dr. Rayanold Pereira (the 'applicant') was employed by Klinik Samuel (the 2nd Respondent) as an assistant to an obstetrician gynaecologist on 1 April 1989 at a salary of RM3,500 per month.

He claimed that he was given an interest-free loan of RM30,000 by Dr. Samuel, a partner of the 2nd respondent to purchase a house belonging to Dr. Samuel's uncle.

The applicant paid the loan and by July 1992 the outstanding balance was about RM14,000.

Dr. Samuel suggested to the applicant to take a bank loan of RM20,000 (to cover outstanding sum plus interest) but was rejected by the applicant.

Dr. Samuel wrote a letter to the bank whereby he cancelled the standing instruction to stop payment of salary into the applicant's account.

The applicant's salary for the month of March 1993 was not paid by the 2nd respondent.

The applicant further claimed that on 12 April 1993, a patient insisted to see him.

At the clinic the nurse on duty ignored the applicant's instruction to take out the patient's medical card forcing the applicant to use an empty card instead.

The applicant was unable to examine the patient in his consultation room because the room was occupied by another doctor by the n

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