JUDGMENT

Collin Lawrence Sequerah JCA:

A) Introduction

[1] The Appellant brought an action for damages against the Respondents for negligence in conducting a postmortem on Sebastian A/L Joseph (the deceased) in 2010. The Appellant also pleaded misfeasance in public office as a cause of action against the Respondents.

[2] After a full trial, the learned Judicial Commissioner of the High Court, at the time, dismissed the Appellant's claim with costs of RM5,000.00.

[3] Aggrieved by the decision of the High Court, the Appellant has filed the appeal to this court.

B) Pertinent Facts

[4] The salient and pertinent facts reveal that on 17 November 2010, Sebastian a/l Joseph ("Deceased") who was a medical doctor and who had been on duty at the Klinik Kesihatan Kuah in Langkawi, was found dead in his quarters at No.4072, Kuarters Baru Klinik Padang Matsirat, 07100 Langkawi, Kedah Darul Aman.