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Cases

DR LOURDES DAVA RAJ CURUZ DURAI RAJ v. DR MILTON LUM SIEW WAH & ANOR
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Nallini Pathmanthan FCJ
[Civil Appeal No: 02(i)-118-12-2018(W)]
29 July 2020
[2020] 5 MLRA 333

JUDGMENT

Nallini Pathmanthan FCJ:

[1] This appeal raises a conflict between two seemingly contradictory principles which the courts need to balance. Between the policy of avoiding the opening of the floodgates to endless litigation by upholding finality in judicial decisions on the one hand, and on the other, protecting the sacrosanct rights of an affected person to be accorded the right to be heard in his own defence; which should prevail? Ultimately based on the particular facts of the instant appeal, we decided in the interests of the affected person, the appellant before us, whose livelihood would be threatened by the order obtained by the 1st respondent against him in absentia. We append the reasons for our decision below.

Salient Background Facts

[2] At the material time, the appellant before us, Dr Lourdes Dava Raj Curuz Durai Raj ('Dr Lourdes') was the Chief Medical Service Officer and person in charge of Assunta Hospital while the 1st respondent before us, Dr Milton Lum Siew Wah ('Dr Milton') was then a Visiting Consultant Obstetrician & Gynaecologist at the same hospital.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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