JUDGMENT

Nor Bee Ariffin JCA:

Introduction

[1] The respondent owns and manages Lincoln University College (LUC), (formerly known as Lincoln College (LC) pursuant to a license granted under the Private Higher Educational Institutions Act 1996 (Act 555).

[2] The 1st appellant is a statutory body created under the Medical Act 1971 (Act 50) and regulates medical profession in Malaysia. The 1st defendant is also responsible for the recognition of medical degrees awarded by local and foreign universities and the registration of medical practitioners.

[3] The respondent's claims against the appellants for negligence, breach of statutory duty and misfeasance in public office were based on the breaches of the Guidelines of the Accreditation of Malaysian Undergraduate Medical Education Programmes (Accreditation Guidelines), the provisions of the Malaysian Qualifications Agency 2007 (Act 679) and Act 50 in the process and conduct of evaluation of its local medical degree programme (MQA/PA 0927) and two of its offshore medical degree programmes (MQA/PA 1561 and MQA/PA 1562).

[4] The respondent's claims centred around two survey visits undertaken by a panel appointed by a body known as Joint Tech