XXXX v 1. ) DR ANNA PADMAVATHY A/P SOOSAI 2. ) DR MOHD AZLI BIN ABDUL HAMID 3. ) PRINCE COURT MEDICAL CENTRE SDN BHD

wa-23ncvc-30-04-2022 High Court (Mahkamah Tinggi) 18 January 2026 • WA-23NCvC-30-04/2022 • 38 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

ethics of cross-examination-“Lawyers must do more than know the law and the art of practising it. A great lawyer is always mindful of the moral … aspects of [his] position as an officer of the court. The Constitution requires lawyers to represent their clients zealously… but nothing in the Constitution justifies advocacy so zealously that it exceeds the bounds of the law.”-While counsel has a duty to advance his client’s case zealously, counsel equally owes a duty to the Court to do a structured cross-examination in the interest of the timely administration of justice-medical negligence trial-delay in the diagnosis-How should a judge use expert evidence-The principal object of expert evidence is to assist the court to form its own opinion. An expert should give his reasons. The court is the final arbiter, not the experts or witnesses-ii. Where there are conflicting expert opinions, the judge considering the evidence is entitled to bring to bear his own judicial appreciation of the matter, and choose one over the other-Where there are conflicting expert opinions, the judge is of course entitled to bring to bear his own judicial appreciation of the matter, and choose one over the other-medical negligence cases that the plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached, with expert evidence-Parties are bound by pleadings-Incomplete or inaccurate notes do not automatically impute negligence

Judges (1)

Leong Wai Hong Delivered

Counsel (13)

Azim, Tunku Farik & Wong Firm Felix Raj Chambers Firm Naidu Chambers Firm Raja, Darryl & Loh Firm Ahmad Aizek Counsel Defendant Felix Raj Counsel Defendant Ho Zie Yan Counsel Defendant Jeremy Robeiro Counsel Defendant Nichole Yong Counsel Defendant Raja Eileen Soraya Counsel Defendant Sreedhara Naidu Counsel Plaintiff Teng Chee Chyun Counsel Plaintiff Tharumarajah Counsel Defendant

Parties (3)

PRINCE COURT MEDICAL CENTRE Sdn Bhd Defendant Dr Anna Padmavathy a/p Soosai Defendant Dr Mohd Azli bin Abdul Hamid Defendant

Cases Cited (7)

MY (7)

[1997] 3 MLJ 61 [2006] 5 MLJ 94 [2014] 7 MLJ 899 [2014] MLJU 94 [2015] 1 MLJ 171 [2016] 3 MLJ 742 [2023] 1 MLJ 281

Judgment

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Source: eJudgment (wa-23ncvc-30-04-2022)