DR CHANDRAN GNANAPPAH vs GAN SEE JOE & ANOR AND ANOTHER APPEAL

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2025 MarsdenLR 2593

COURT OF APPEAL PUTRAJAYA
DR CHANDRAN GNANAPPAH – Appellant
Versus
GAN SEE JOE & ANOR AND ANOTHER APPEAL – Respondent

Petitioner Advocates:Raja Eileen Soraya Raja Aman,Michelle Khor,Amanda Sena ,Respondent Advocate: Manmohan Singh Dhillon,Karthi Kanthabalan,Desmond Mun

Table of Content
1. discusses the majority judgment on hospital duty of care (Para 1)
2. background facts of the deceased's hospital admission and treatment (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)

Wong Kian Kheong JCA:

A. Introduction

[1] This judgment discusses, among others, the 4-1 majority judgment of the Federal Court delivered by Mary Lim Thiam Suan FCJ in Siow Ching Yee v. Columbia Asia Sdn Bhd 2024 MarsdenLR 421 ; [2024] 3 MLJ 66; [2024] 4 CLJ 173; [2024] 3 AMR 485 [Majority Judgment (Siow Ching Yee)] regarding the effect of the Private Healthcare Facilities and Services Act 1998 (PHFSA) and Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006 (PHFSR) on the question of whether a "private hospital" (defined in s 2 PHFSA) owed a non-delegable duty of care to the private hospital's patients (notwithstanding the fact that the patients were only treated by medical consultants at the private hospital who were its independent contractors and not its employees or agents).

[2] A draft of this judgment (Draft) had been forwarded to Supang Lian and Faizah Jamaludin JJCA. Both my learned sisters had expressed their concurr

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2025 MarsdenLR 2593

COURT OF APPEAL PUTRAJAYADR CHANDRAN GNANAPPAH – AppellantVersusGAN SEE JOE & ANOR AND ANOTHER APPEAL – Respondent

Cases Referred (4)

COURT OF APPEAL PUTRAJAYA
DR CHANDRAN GNANAPPAH – Appellant
Versus
GAN SEE JOE & ANOR AND ANOTHER APPEAL – Respondent