Siow Ching Yee (menyaman melalui isteri dan wakil litigasinya, Chau Wai Kin) v Columbia Asia Sdn Bhd [2024] 3 AMR 485, FC

Tort – Negligence – Medical negligence – Liability and quantum – Patient's claim against hospital premised on existence of non-delegable duty of care and vicarious liability of its medical specialists' negligence – Medical specialists were independent contractors – Whether private hospital could be held liable for tort committed by independent contractors – Whether hospital owed non-delegable duty of care to patient – Whether patient in vulnerable position and totally reliant on hospital for care and treatment when admitted to its emergency services – Whether negligent act complained of took place during care and treatment rendered within hospital's premises using its facilities and services – Whether medical specialists had performed delegated functions at material time – Whether there was negligent performance in rendering proper emergency care and treatment of patient – Whether defence of independent contractor not sustainable in law and on facts and ought to have been rejected by courts – Whether patient entitled to increased damages – Civil Law Act 1956, s 28A(2)(d)(ii) – Private Healthcare Facilities and Services Act 1998, s 38

Abdul Rashid bin Mohamad Isa v PTT International Trading Pte Ltd [2024] 3 AMR 556, CA

Bankruptcy – Creditor's petition – Withdrawal of creditor's petition ("petition") allowed by registrar – Decision by registrar that bankruptcy action ended and judgment creditor ("JC") out of time to file petition – High Court allowed JC's appeal against said decision and dismissed judgment debtor's application to set aside JC's appeal – Whether High Court failed to appreciate withdrawal of petition would end bankruptcy proceeding – Whether acts of bankruptcy occurred – Whether termination of bankruptcy proceedings premature – Insolvency Rules 2017, rules 27, 93, 93(1), (2)

Noorizan bt Mohd Akhir & Anor v Muhammad Nazeri bin Nusuruddin (litigation representative to the deceased Nusuruddin bin Hussein) & 3 Ors (Abu Bakar bin Zeen – Intervener) [2024] 3 AMR 562, HC

Land law – Ownership – Title of land – Application to rescind distribution order – Children from deceased's second marriage claiming their stake in disputed land – Distribution order obtained in favour of children from first marriage without disclosing names of children from second marriage – Whether distribution order null and void – Whether there was deliberate non-disclosure of all legitimate heirs in inheritors' list – Whether children from second marriage entitled to their share in disputed land – Whether challenge to validity of distribution order time-barred – Whether fraud perpetrated by children from first marriage – Evidence Act 1950, s 103 – Limitation Act 1953, s 29(b) – Small Estates Distribution Ordinance 1955

Ropert a/l Vanathiah v Thilakavathy a/p Churulimalai [2024] 3 AMR 579, HC

Family law – Ancillary relief – Possession of matrimonial home – Application for – Consent order executed in divorce proceeding for wife and children to live in matrimonial home – New marriage and financial constraints of husband used as grounds to justify refusal to vacate matrimonial home – Whether husband entitled to occupy matrimonial home – Whether application for possession in respect of matrimonial home time-barred – Divorce and Matrimonial Proceedings Rules 1980, rules 56, 72 – Rules of Court 2012, Order 46