Appellate court grants Briton stay of RM1mil negligence suit costs

The Court of Appeal in Malaysia has granted a stay of RM1 million in legal costs for a Briton, Christine, who was ordered to pay two doctors and a private hospital following a loss in a negligence suit. Justice Choo Kai Sing ruled that enforcing the costs now would be difficult for Christine, as her minor son is undergoing treatment.

The Court acknowledged Christine's role as the sole guardian of the disabled child and deemed that the costs would negatively impact her ability to provide adequate care and medical attention. In January, Kuala Lumpur High Court Judge Leong Wai Hong had ordered Christine to pay the costs to the three defendants after dismissing her claim of medical negligence, which she alleged caused her son's disability.

Dr S Anna Padmavathy and Dr Azli Abdul Hamid were each ordered to pay RM350,000, while Prince Court Medical Centre was ordered to pay RM300,000. Christine subsequently filed two appeals against the decision and the costs order, but no hearing date has been set. Her lawyer, Sreedhara Naidu, argued that the costs were unreasonable and disproportionate, contending that the High Court judge erred in justifying the costs based on the trial's length, as the hospital concealed documents for 568 days.

Naidu also emphasized that the decision would be detrimental to the child's medical care and health if enforced. The law, according to Naidu, is not about whether parties will get their money back but whether the appeal would be worth it if they win. The lawyers representing the parties involved were as follows: Messrs Raja, Daryll & Goh for Anna Padmavathy; Messrs Azim, Tunku Farik & Wong for Azli; and Felix Raj Chambers for Prince Court Medical Centre.