This follows the government’s withdrawal of its applications for leave to appeal to the Federal Court after the Court of Appeal reinstated the lawsuits.
The parents of three of the six patients who died in the fire at Hospital Sultan Aminah are suing the government for negligence.
The leave application had raised three questions of law, including as to when the cause of action arose. “Why don’t you go to the High Court and thrash the matter out at a trial, including as to when the cause of action arose,” said Zabidin, who sat with Justices Nallini Pathamanathan and Abu Bakar Jais.
In her submissions, Zahilah had contended that there was precedent to justify the granting of leave, citing a case of a widow who did not bring a suit over the death of her husband in police custody within the statutory period.In response, Bakar said the apex court was unable to rely on another ruling if no written judgment was available.
On May 3, the Court of Appeal overturned a High Court ruling striking out the negligence lawsuits and ordered the cases to go for trial.
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