James Foong JCA:

Introduction

[1] Since this appeal originated from the subordinate court, in order to avoid confusion as to the description of parties before us, I shall refer to them as they were described in the court of first instance.

[2] The plaintiff is, and was at all material time, an Indonesian national. Before she was involved in a motor accident on 31 January 2000 (the motor accident), she was engaged as a domestic help in this country. She was what we normally call, an 'Indonesian maid'. She was paid a salary of RM350 per month by her Malaysian employer. Her work permit issued by the Malaysian Immigration Department for this position was from July 1999 to July 2000. Due to her injuries suffered as a result of the motor accident where the defendants were held 90% liable with her contributing 10%, the plaintiff claimed that she was unable to work. Her employer had stopped paying her salary immediately after the accident. However, he provided her with food and shelter until her work permit expired. Thereafter, it was not renewed and the plaintiff lost her job. The reason advanced by her previous employer for not renewing her work permit is that she was physically inc