The suit, filed in the Shah Alam High Court on Jan 2, is scheduled for case management before Justice Anita Harun on April 29.
In its suit, MCMC is seeking a full refund of RM1,819,800 paid under a contract with Sunway Lagoon Sdn Bhd dated Aug 5, 2025, medical expenses of RM30,339.75, general, aggravated and exemplary damages, and costs, for alleged breaches of contract and negligence.
The theme park operator, however, denies any liability, and called for the suit to be dismissed with costs.
MCMC’s statement of claim said it engaged Sunway Lagoon to host its family day event, involving 6,590 guests.
“During the family day, an employee of the plaintiff (MCMC) verbally reported to representatives of the defendant that one of the lunch dishes served smelled bad and tasted sour.
“However, no action was taken by the defendant (Sunway Lagoon),” the document read.
It claimed that over the next two days, more than 870 attendees reported suffering from diarrhoea, vomiting, fever, and stomach pain.
Following the event, MCMC said it lodged reports with the police and Selangor health department, resulting in a 14-day shutdown of the park’s kitchen beginning Oct 7.
One month later, the Selangor health department issued a media statement that 322 out of 4,710 attendees had suffered symptoms of diarrhoea, vomiting, and stomach pains, but that no deaths or serious illness had resulted from it.
It claimed the incident was caused by contaminated food and cooking equipment, the preparation of large quantities of food by a limited number of handlers, prolonged storage of cooked food before serving, and possible cross-contamination during food preparation.
“It is evident that the adverse health reactions were a direct result of matters within the control and responsibility of the defendant,” the statement of claim read.
It claimed Sunway Lagoon breached the contract or was negligent in the performance of its services, “in particular with regard to the provision of food and beverages”.
MCMC claimed it suffered loss and damage as a result, “including but not limited to loss arising from business disruption (due to) its employees being unable to attend work”, and “reputational damage”.
The statement of claim contended that aggravated and exemplary damages should be awarded due to the “sheer number of individuals affected” and the presence of high-ranking officials at the event, including a Cabinet member, which “magnified the reputational embarrassment and humiliation suffered”.
Sunway Lagoon’s defence
In its defence, Sunway Lagoon denied being in breach of contract or negligent, and said all meals were prepared in accordance with the company’s standard operating procedure.
It said the meals were monitored for food quality and portion, packed no more than two hours before serving time, and checked every 30 minutes to ensure freshness.
“The kitchen is cleaned daily, and the sanitisation of kitchen equipment is carried out monthly by the defendant’s employees,” the defence statement added.
It also said MCMC was unable to establish that the operator was responsible for the food poisoning incident.
“It is entirely speculative to attribute the alleged (food poisoning) incident to the defendant, given that the number of attendees reportedly affected by the alleged food poisoning was only 322, which represents a very small percentage of the total number of attendees at the said event.”
Sunway Lagoon also said it received no complaints during the event that the lunch dishes served “smelled bad and tasted sour”, as alleged by MCMC.
“The plaintiff is put to strict proof that such complaints were made,” the document, filed on Feb 23, added.
The theme park operator also disputed MCMC’s claim that 870 attendees had reported falling ill, pointing instead to the health department’s media release which put the number at 322.
Sunway Lagoon acknowledged that its food and beverage unit was closed for two weeks but said it was allowed to resume operations with effect from Oct 22, upon compliance with the health department’s directives.
“Notwithstanding the orders issued, there (was no) scientific or medical evidence proving the source of the alleged food contamination came from the defendant’s kitchen,” the defence statement read.
It also claimed MCMC was contributorily negligent by not inspecting the packed meals upon receipt and failing to instruct attendees to consume the packed meals promptly upon distribution.
It said the attendees were also contributorily negligent by failing to observe personal hygiene practices, including proper handwashing, prior to consuming the meals.
Sunway Lagoon likewise challenged MCMC’s claim that its suffered “business disruption”, saying a regulator could not suffer commercial losses.
MCMC’s reply
In its April 9 reply, MCMC countered that since all outside food and drink was banned, the only likely source of contamination was the theme park’s kitchen.
As regards damages, MCMC said it suffered a disruption of its statutory functions, impairment of operations, and consequent financial loss.
MCMC is represented by law firm Sreenevasan and Sunway Lagoon by Azim, Tunku Farik & Wong.