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2020 MarsdenLR 1516

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


Petitioner Advocates:Steven Thiru,Gerard Lourdesamy,Gregory Das,Jeremiah Rais,AC Devi ,Respondent Advocate: Mohd Hafarizam Harun,Nor Emelia Mohd Iszeham

JUDGMENT

Idrus Harun FCJ:

[1] The brief background facts leading to the filing of this appeal are broadly undisputed. I draw them largely from the judgments of the courts below us as well as from the pleadings of the instant suit. By its particulars of claim dated 6 February 2014, Asia Pacific Higher Learning Sdn Bhd which owns and operates Lincoln University College, is the plaintiff to the action. It originally sought against Majlis Perubatan Malaysia and Prof Dato' Dr Wan Mohamed Bebakar, the 1st and 2nd defendants to the action, general damages for the torts of negligence, breach of statutory duty and misfeasance in public office in carrying out its accreditation survey and evaluation of the medical degree programmes offered by the plaintiff. In its claim, the plaintiff in substance alleged that the 1st defendant had cancelled the plaintiff's medical degree programmes on 10 October 2013 and asserted that such cancellation was wrongful. It also claimed for special damages in the sum of RM450,000.00 being costs of preparation for the first accreditation visits and the sum of RM1 million as costs of preparation for the second accreditation visit, interest, injunctive relief and an a

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