2 Jul 2024
Dato' Dr. Abd. Wahab Bin Abd Ghani 1. ) Mohd Rashid Bin Mohd Noor 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd
- Citation
- W-02(NCvC)(W)-314-03/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-314-03/2023 (Mahkamah Rayuan)
The Court of Appeal held that the Settlement Agreement's phrase "to the Plaintiff" in its natural and ordinary meaning referred to the plaintiff (Rashid) and not to his solicitors; the BNM Claims Settlement Guidelines constitute standards with the force of law under the Financial Services Act 2013 and insurers were obliged to comply; the High Court was plainly wrong to order payment to the solicitors' client account and to treat the Guidelines as mere non-binding guidance; consequently Appeal 314 is allowed (setting aside the order to pay solicitors' client account) and Appeal 1164 is dismiss…