[1] The appellant was born on 14 May 2007 at Sungai Buloh Hospital, which is owned and operated by the 1st respondent. The 2nd and 3rd respondents are obstetrics and gynaecology medical offier and consultant paediatrician respectively, who were alleged to have been negligent in the delivery of the appellant and in the proper attending of the appellant and her mother before, during and after the appellant's birth.

[2] The appellant, who was suing through her father as her next friend, claimed negligence on the part of the respondents in attending to the appellant's mother's pregnancy which led to the birth of the appellant and in the care and treatment given to the appellant following her birth. The appellant alleged that as a result of the negligence, the appellant was severely and irreversibly braindamaged and has now suffered from Quadriplegic Spastic Cerebral Palsy.

[3] On the date this matter was set for trial at the High Court, liability was agreed between the parties and the trial proceeded only on the issue of damages. At the end of the trial, the learned High Court Judge awarded a total sum of RM1,193,442.39 as damages together with interest and costs.