[1] The present appeals arose from a claim in medical negligence brought by Soo Cheng Lin against Sunway Medical Centre Berhad, the owner and operator of a private hospital known as Sunway Medical Centre, and Dr Kok Choong Seng, a Consultant Orthopaedic Surgeon. In these appeals, Soo Cheng Lin will be referred to as the plaintiff, Dr Kok Choong Seng, the surgeon as Dr Kok, and Sunway Medical Centre Berhad as the Hospital.

[2] These two appeals were against the decision of the Court of Appeal given on 31 May 2016. The Hospital appealed against the Court of Appeal's decision on liability ("the appeal on liability"), whereas the Hospital and Dr Kok brought an appeal against the decision on quantum ("the appeal on quantum").

[3] Leave to appeal was granted by this Court on 8 August 2016. In Civil Appeal No: 02(f)-59-08-2016(B) (the appeal on liability), there were four questions of law posed:

(i) Whether the doctrine of non-delegable duty of care expounded in Woodland v. Swimming Teachers Association and Others [2014] AC 537 applies in Malaysia?

(ii) If the doctrine of non-delegable duty of care as expounded in Woodland v. Swimming Teachers Association and Others [2014] AC 537 is appli