Siow Ching Yee v COLUMBIA ASIA SDN BHD AMICUS CURIE 1. ) Persatuan Hospital Swasta Malaysia (Association of Private Hospitals of Malaysia) 2. ) Persatuan Pengguna Pulau Pinang (Consumers Association of Penang (CAP)

02f-12-02-2023b Federal Court (Mahkamah Persekutuan) 22 February 2024 • 02(f)-12-02/2023(B)

Catchwords

The focus in this appeal is in respect of the liability of the respondent; the other defendants at the High Court are not parties to this appeal. Aside from Question 6 which deals with the calculation of damages, all the other questions pertain to the issue of whether a private hospital may be liable for the tort of a medical practitioner who is said to be an independent contractor. In short, whether such an entity itself owes an independent duty which is non-delegable, regardless to whom it may have delegated that duty to, irrespective who may have performed the act or omission complained of, whether under a contract for service or due to the patient’s own choice.

Practice Areas

The focus in this appeal is in respect of the liability of the respondent; the other defendants at the High Court are not parties to this appeal. Aside from Question 6 which deals with the calculation of damages, all the other questions pertain to the issue of whether a private hospital may be liable for the tort of a medical practitioner who is said to be an independent contractor. In short, whether such an entity itself owes an independent duty which is non-delegable, regardless to whom it may have delegated that duty to, irrespective who may have performed the act or omission complained of, whether under a contract for service or due to the patient’s own choice.

Judges (5)

Abdul Rahman bin Sebli Coram Hasnah binti Dato' Mohammed Hashim Coram Mary Lim Thiam Suan Coram Mohamad Zabidin bin Mohd Diah Delivered Zabariah binti Mohd Yusof Coram

Parties (4)

COLUMBIA ASIA Sdn Bhd Respondent Persatuan Hospital Swasta Malaysia (Association of Private Hospitals of Malaysia) Amicus Curiae Persatuan Pengguna Pulau Pinang (Consumers Association of Penang Amicus Curiae Siow Ching Yee Appellant

Case Significance

Siow Ching Yee v COLUMBIA ASIA SDN BHD AMICUS CURIE 1. ) Persatuan Hospital S... is a Federal Court (Mahkamah Persekutuan) decision dated February 22, 2024 (citation: 02f-12-02-2023b). The panel comprised Abdul Rahman bin Sebli, Hasnah binti Dato' Mohammed Hashim, Mary Lim Thiam Suan, Mohamad Zabidin bin Mohd Diah and Zabariah binti Mohd Yusof, with Mohamad Zabidin bin Mohd Diah delivering the judgment.

What was the outcome of Siow Ching Yee v COLUMBIA ASIA SDN BHD AMICUS CURIE 1. ) Persatuan Hospital S...?

Siow Ching Yee v COLUMBIA ASIA SDN BHD AMICUS CURIE 1. ) Persatuan Hospital S... is a Federal Court decision dated February 22, 2024. The case was heard by Abdul Rahman bin Sebli. See the full judgment for details.