[1] This is our judgment in respect of the appellant/plaintiff's appeal against the decision of the learned High Court Judge who allowed the respondent/1st defendant's application under O 18 r 19(1)(a) or (b) and/or (d) or under the inherent jurisdiction of the Court. We heard the appeal on 3 December 2012 and we allowed the appeal with costs. My learned brother, Mohd Hishamudin Yunus JCA and my learned sister, Lim Yee Lan JCA have read the judgment and approved the same.

[2] The central contention of the appellant is that it was plainly wrong for the learned judge to strike out the plaintiff's claim based on the respondent's contention that an employer cannot be held vicariously liable for negligence committed by an independent contractor in the execution of the latter's duties without considering the exceptions to the general rule which is applicable in the instant case.