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Published: Friday October 5, 2012 MYT 12:00:00 AM
Updated: Sunday June 2, 2013 MYT 2:59:29 PM

Appeal to sue hospital upheld

PUTRAJAYA: The Court of Appeal has allowed a cardiothoracic surgeon and a former hospital CEO’s appeal to sue the hospital over alleged improprieties culminating in the hostile takeover of the management.

The court held that the suit against Adventist Hospital and Clinical Services (M) brought by former vice-president of the hospital’s medical administration Dr Alfred Poey and former CEO and director Datuk Teddric Jon Mohr should not have been struck out by the High Court in Penang on June 8.

Court of Appeal Justices Ramly Ali, Zaharah Ibrahim and Mah Weng Kwai ruled yesterday that the duo had valid cause of action against the hospital, and ordered the case to be remitted to the High Court for a full trial.

Dr Poey and Mohr, represented by Mureli Navaratnam and Ong Yu Shin, had appealed the High Court’s decision to dismiss the suit.

In their suit, they claimed that they brought the action over certain alleged improprieties culminating in the hostile takeover of the management on Aug 29 last year.

Both plaintiffs claimed this was despite a resolution by way of an EGM on July 21, 2011, that affirmed Mohr’s position as a director.

Dr Poey and Mohr had also sought for certain decisions by the hospital board to be declared null and void.

In its statement of defence, the hospital board had said Dr Poey’s appointment and removal was provided for under its Articles of Association (AA) and was thus valid.

The hospital had also claimed that Mohr’s removal was an administrative decision.

The Court of Appeal yesterday also ordered the parties to bear their own costs.

The hospital was represented by Y.C. Wong and Pravin Kaur Jessy.

Tags / Keywords: Nation, News, Adventist Hospital and Clinical Services, High Court, hostile takeover, Court of Appeal, Courts

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