JUDGMENT

Azizul Azmi Adnan J:

Introduction

[1] The plaintiff, Asia Pacific Higher Learning Sdn Bhd, operates a private higher learning institution known as Lincoln University College. It commenced a suit against the Malaysian Medical Council (the "MMC") and the 2nd Defendant, Professor Dato' Dr Wan Mohamed Bebakar, in connection with the conduct of the evaluation of medical degree programmes undertaken and to be undertaken by the plaintiff.

[2] The plaintiff claimed that, in carrying out its accreditation survey of the medical degree programmes offered by the plaintiff as well as the programmes that the plaintiff proposed to undertake, the defendants:

(a) were negligent;

(b) breached their statutory duty to the plaintiff; and

(c) committed misfeasance in public office.

[3] After a trial of the action, the court found that the plaintiff's case against the defendants had been made out on all three causes of action.

[4] The plaintiff thereafter commenced proceedings to assess the damages payable. The reasons pertaining to the court's decision in those assessment proceedings are set out here.

Material Facts

[5] It will be necessary for the purposes of understanding the context of the assessment p