JUDGMENT
Introduction
[1] Both these appeals before us — Civil Appeal No W-02(NCVC)(W)-314-03/2023 ("Appeal 314") and W-02(NCVC)(W)-1164-07/2023 ("Appeal 1164") - arose from the Kuala Lumpur High Court Civil Suit No: WA-22NCVC-281-05/2018 ("Suit 281").
[2] Suit 281 in turn arose from a settlement agreement ("Settlement Agreement") entered between the same parties in Civil Suit No: WA-22NCVC-75-02/2016 ("Suit 75"). These appeals primarily revolve around the construction and interpretation of the Settlement Agreement and the words "to the Plaintiff' in the Agreement.
[3] Suit 75 was a medical negligence action brought by the plaintiff, Mohd Rashid bin Mohd Noor ("Rashid") against the 1st defendant, Dato' Dr Abd Wahab bin Abd Ghani ("Dr Wahab"), the 2nd defendant, Dr Arul Balasingam ("Dr Arul") and the 3rd defendant, Ampang Puteri Specialist Hospital Sdn Bhd ("the Hospital").
[4] Appeal 314 was brought by Dr Wahab, who was the plaintiff in the main suit and the 1st defendant in the counterclaim in Suit 281. Appeal 1164 was brought by Rashid, who was the 1st defendant in the main suit and the plaintiff in the counterclaim in Suit 281. Dr Arul and the Hospital were brought in as nominal respondents in both these appeals.
[5] Dr Wahab's appeal in Appeal 314 is principally against the High Court's order directing that the Settlement Sum be paid to the client account of Messrs. P.S. Ranjan & Co It also contests the findings of the High Court that (i) the phrase "to the Plaintiff' in the Settlement Agreement also refers to 11 Messrs. P.S. Ranjan & Co", and (ii) the BNM Claims Settlement Guidelines (defined below) are mere guidelines and do not carry the force of law.
[6] Whereas Rashid's appeal in Appeal 1164 is against the dismissal of the High Court of part of his counterclaim for pre-judgment interest on the Settlement Sum and for general damages and exemplary damages, as well as cost of RM30,000.00 awarded to him by High Court.