Munir Bin Hashim 1. ) Dr Liew Nyoke San 2. ) Kajang Plaza Medical Centre Sdn Bhd 3. ) Dr Mohd Yazid Bin Bajuri 4. ) Dr Badrul Akmal Hisham Bin Md Yusoff 5. ) Dr Mohd Shahir Bin Anuar 6. ) UKM Kesihatan Sdn Bhd

Munir Bin Hashim 1. ) Dr Liew Nyoke San 2. ) Kajang Plaza Medical Centre Sdn Bhd 3. ) Dr Mohd Yazid Bin Bajuri 4. ) Dr Badrul Akmal Hisham Bin Md Yusoff 5. ) Dr Mohd Shahir Bin Anuar 6. ) UKM Kesihatan Sdn Bhd

There was misjoinder of causes of action and misjoinder of parties because treatments were provided at different times by different doctors at separate hospitals which are distinct entities and there was no common question of law or fact nor same transaction; accordingly the court struck out the claims against the 3rd to 6th Defendants with liberty to file afresh, directed the Plaintiff to amend the Statement of Claim to limit claims to the 1st and 2nd Defendants, and for the Plaintiff's refusal to comply (appeal not being an automatic stay) the court struck out the claims against the 1st and 2nd Defendants and ordered costs of RM5,000.

Citation
WA-22NCvC-836-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Munir bin Hashim; 1st Defendant: Dr Liew Nyoke San; 2nd Defendant: Kajang Plaza Medical Centre Sdn Bhd; 3rd Defendant: Dr Mohd Yazid bin Bajuri; 4th Defendant: Dr Badrul Akmal Hisham bin Md Yusoff; 5th Defendant: Dr Mohd Shahir bin Anuar; 6th Defendant: UKM Kesihatan Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 December 2023
Case Number
WA-22NCvC-836-12/2020 (Mahkamah Tinggi)
Procedural Posture
Medical Negligence and Breach of Fiduciary Duty / Pre Trial Case Management / Striking Out Application
Outcome
Final: claims against 3rd to 6th Defendants struck out with liberty to file afresh; claims against 1st and 2nd Defendants struck out for non-compliance with amendment direction; costs awarded against Plaintiff.
Legal Topics
Joinder, Misjoinder, Striking Out Pleadings, Case Management, Costs
Source Language
Malay/English
Medical Negligence Civil Procedure Tort Fiduciary Duty Joinder Misjoinder Striking Out Pleadings Case Management +1 more

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Parties

Munir bin Hashim

Plaintiff

Dr Liew Nyoke San

1st Defendant

Kajang Plaza Medical Centre Sdn Bhd

2nd Defendant

Dr Mohd Yazid bin Bajuri

3rd Defendant

Dr Badrul Akmal Hisham bin Md Yusoff

4th Defendant

Dr Mohd Shahir bin Anuar

5th Defendant

UKM Kesihatan Sdn Bhd

6th Defendant

Procedural Posture

Medical Negligence and Breach of Fiduciary Duty / Pre Trial Case Management / Striking Out Application

Legal Issues

  1. 1 Whether multiple defendants who treated the plaintiff at different times and at separate hospitals may be joined in one action
  2. 2 Whether the pleadings disclose a reasonable cause of action against the various defendants or whether they are scandalous, frivolous or an abuse of process
  3. 3 Whether there is a common question of law or fact or same transaction to justify joinder

Ratio Decidendi

There was misjoinder of causes of action and misjoinder of parties because treatments were provided at different times by different doctors at separate hospitals which are distinct entities and there was no common question of law or fact nor same transaction; accordingly the court struck out the claims against the 3rd to 6th Defendants with liberty to file afresh, directed the Plaintiff to amend the Statement of Claim to limit claims to the 1st and 2nd Defendants, and for the Plaintiff's refusal to comply (appeal not being an automatic stay) the court struck out the claims against the 1st and 2nd Defendants and ordered costs of RM5,000.

Court Disposition

Final: claims against 3rd to 6th Defendants struck out with liberty to file afresh; claims against 1st and 2nd Defendants struck out for non-compliance with amendment direction; costs awarded against Plaintiff.

Orders

  • Claims against the 3rd to 6th Defendants struck out with liberty to file afresh
  • Plaintiff directed to amend the Statement of Claim to reflect and limit the claim against the 1st and 2nd Defendants