22 Mar 2021
1. ) JOSEPH A/L ANTHONY (Administrator of the Estate of Sebastian a/l Joseph, Deceased) 2. ) SANTAAMAL A/P PHILIP 1. ) DR. MUHAMMAD ARIF BIN MOHAMAD RASAT 2. ) PENGARAH HOSPITAL LANGKAWI (DR. SELAHUDDEEN BIN ABDUL AZIZ at the material time)
- Citation
- WA-21NCVC-38-05/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCVC-38-05/2018 (Mahkamah Tinggi)
The Statement of Claim was struck out because the pleaded act complained of was the first post‑mortem on 18.11.2010, so the mandatory 36‑month limitation under s.2(a) PAPA expired on 17.11.2013 and the action filed on 11.5.2018 was time‑barred; furthermore the SOC failed to plead sufficient particulars as to the Investigation and misfeasance in public office, and the second post‑mortem/reports do not postpone or restart the statutory limitation; consequently Enc 47 was allowed and the SOC struck out.