29 Nov 2023
AVISENA HEALTHCARE SDN BHD 1. ) XXXX 2. ) MONICA GILL 3. ) MOHD SAFFUAN BIN JOHARI
- Citation
- B-02(IM)(NCvC)-1346-07/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(NCvC)-1346-07/2022 (Mahkamah Rayuan)
The Court of Appeal held that, on the face of the Resident Consultant Agreement and the affidavit material, the consultant was a self‑employed independent contractor and the agreement evidenced no employer‑employee relationship or sufficient control to impose vicarious liability; the plaintiffs' pleadings did not disclose a sustainable cause of action against the First Defendant and striking out was justified; the High Court's refusal to strike out was overturned and the claim against the First Defendant was dismissed with costs.