2 Jul 2024
Mohd Rashid Bin Mohd Noor 1. ) Dato' Dr. Abd. Wahab Bin Abd Ghani 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd
- Citation
- W-02(NCvC)(W)-1164-07/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1164-07/2023 (Mahkamah Rayuan)
The Court held Appeal 314 should be allowed and Appeal 1164 dismissed. The Settlement Agreement phrase "to the Plaintiff" in its natural and ordinary meaning required payment to the plaintiff (Rashid). The BNM Claims Settlement Guidelines are standards with the force of law under the Financial Services Act and obliged insurers to pay claimants. The High Court was plainly wrong to construe "to the Plaintiff" as including the plaintiff's solicitors and to order payment to the solicitors' client account. No solicitor's lien was effective because no bill of costs had been issued and the cheques w…