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Cases

QI QIAOXIAN & ANOR v. SUNWAY PUTRA HOTEL SDN BHD
Court of Appeal, Putrajaya
Supang Lian, Azimah Omar, Wong Kian Kheong JJCA
[Civil Appeal No: W-04(NCVC)(W)-330-07-2022]
2 April 2024
[2024] 4 MLRA 49

JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] This appeal to the Court of Appeal (This Appeal) arose from a tragedy that befell Mr Qi Xiangqing (Deceased), a 22 year old male citizen of the People's Republic of China (PRC).

[2] The Deceased was a tourist in Malaysia and stayed in a "Five Star" hotel, Sunway Putra Hotel Kuala Lumpur (Hotel). Sadly, the Deceased drowned in the Hotel's swimming pool (Pool) which was open to all the guests of the Hotel.

B. Background

[3] In this judgment, we shall refer to the parties as they were in the Sessions Court.

[4] The plaintiffs (Plaintiffs) are the parents of the Deceased.

[5] On 14 February 2017-

(1) the Deceased checked into the Hotel owned by the defendant company (Defendant); and

(2) after checking into the Hotel, the Deceased swam in the Pool where he drowned (Incident).

C. Proceedings In Sessions Court And High Court

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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