ASIA PACIFIC HIGHER LEARNING SDN BHD v. MAJLIS PERUBATAN MALAYSIA & ANOR

[2020] 1 MLRA 683
Federal Court, Putrajaya
Azahar Mohamed CJM, David Wong Dak Wah CJSS, Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh, Idrus Harun FCJJ
[Civil Appeal No: 02(i)-91-10-2018(W)]
Azahar Mohamed CJM, David Wong Dak Wah CJSS, Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh, Idrus Harun FCJJ

JUDGMENT

Idrus Harun FCJ:

[1] The brief background facts leading to the filing of this appeal are broadly undisputed. I draw them largely from the judgments of the courts below us as well as from the pleadings of the instant suit. By its particulars of claim dated 6 February 2014, Asia Pacific Higher Learning Sdn Bhd which owns and operates Lincoln University College, is the plaintiff to the action. It originally sought against Majlis Perubatan Malaysia and Prof Dato' Dr Wan Mohamed Bebakar, the 1st and 2nd defendants to the action, general damages for the torts of negligence, breach of statutory duty and misfeasance in public office in carrying out its accreditation survey and evaluation of the medical degree programmes offered by the plaintiff. In its claim, the plaintiff in substance alleged that the 1

...

[2] The claim was amended twice on 5 May 2015 and 10 September 2015. The first amendment was to extend the causes of action to assessment visits conducted by the defendants. The second amendment was intended to include an allegation of bias against the 1st defendant as well as purported conflict of interest of the 1st defendant's council members.

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