JUDGMENT

Wong Kian Kheong JCA:

A. Issues to be decided in this appeal (This Appeal)

[1] We shall refer to the parties as they were in the High Court.

[2] The following questions arose in this case:

(1) whether the plaintiff, an orthopaedic surgeon (Plaintiff), could file this suit (This Suit) against the 2nd defendant "Pantai Hospital Manjung" (2nd Defendant), when the 2nd Defendant is not a legal entity which is recognised in law;

(2) whether the "Consultant's Agreement" dated 21 October 2013 (Agreement) between the 1st defendant company (1st Defendant) and the Plaintiff was a "fixed term contract for services" wherein the Plaintiff was an independent contractor for the 1st Defendant and was not its employee without-

(a) a constitutional right of livelihood under art 5(1) of the Federal Constitution (FC); and

(b) a right of hearing before the 1st Defendant terminated the Agreement with effect from 29 July 2016 (more than 8 months before the expiry of the Agreement on 30 March 2017) [1st Defendant's Termination (Agreement)];