Narkunavathy Sundareson J:

GROUNDS OF JUDGMENT

Introduction

[1]For convenience, parties will be referred to as they were in the Sessions Court.

[2]This is the Plaintiffs appeal against the decision of the learned Session Court Judge (SCJ) dated 8.7.2024 wherein she dismissed the Plaintiffs application to enter judgment on admission of facts under O.27 r. 3(1) Rules of Court 2012 (ROC).

[3]After careful consideration of the cause papers and submissions, this Court dismissed the Plaintiff’s appeal on 9.2.2025. The following are the reasons for that decision.

Background facts

[4]The Plaintiff instituted a suit in the Sessions Court claiming damages for alleged medical negligence whilst she underwent treatment in Kulim Hospital circa 2020.

[5]In their Statement of Defence, the Defendant denied the whole of the Plaintiff’s claim and put her to strict proof.

Application under 0.27 ROC

[6]The Plaintiff’s application for judgment was premised on admissions made during case management of her suit on 30.5.2023 dan 20.12.2023 (Exhibits “NF-1” and “NF-2”, pages 24 - 27 Rekod Rayuan Jilid II).

[7]The Plaintiff alleged that the Defendants were well aware of their negligence from their own internal investig