Singapore Medical Council v Shorvon Simon: Taxation of Costs in Disciplinary Proceedings
In Singapore Medical Council v Shorvon Simon, the High Court reviewed cross-applications concerning the taxation of costs awarded against Professor Simon Shorvon following disciplinary proceedings by the Singapore Medical Council (SMC) under the Medical Registration Act. The Disciplinary Committee had ordered the Professor to pay costs and expenses incidental to the proceedings. Both parties sought a review of the Assistant Registrar's decision on the SMC's bill of costs. The court dismissed both applications, ordering each party to bear its own costs for the review.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Applications dismissed.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court reviews taxation of costs in disciplinary proceedings against Prof. Simon Shorvon, a research scientist, ordering him to pay costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Medical Council | Applicant | Statutory Board | Applications dismissed | Lost | |
| Shorvon Simon | Respondent | Individual | Applications dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
4. Facts
- The Disciplinary Committee of the SMC ordered Prof Simon Shorvon to pay costs and expenses of disciplinary proceedings.
- The costs were ordered to be taxed pursuant to ss 45(4) and 45(5) of the Medical Registration Act.
- The SMC's bill of costs was taxed by an assistant registrar, and both parties were dissatisfied.
- The Professor faced 30 charges of professional misconduct related to a research project.
- The charges included failing to safeguard patients' best interests, failing to obtain informed consent, and failing to obtain ethics approval.
- The Professor argued that the SMC had no jurisdiction over him as he had resigned from the register of medical practitioners.
- The Disciplinary Committee ordered that the Professor be censured, give an undertaking, be fined $5,000 on each charge, and have his name removed from the register.
5. Formal Citations
- Singapore Medical Council v Shorvon Simon, BOC 298/2004, SIC 1017/2005, 1058/2005, [2005] SGHC 93
6. Timeline
| Date | Event |
|---|---|
| Disciplinary Committee inquiry concluded | |
| SMC’s bill of costs taxed by an assistant registrar | |
| Cross-applications heard and dismissed | |
| Leave to appeal granted by Judith Prakash J | |
| Decision date |
7. Legal Issues
- Taxation of Costs
- Outcome: The court dismissed both applications for review of the Assistant Registrar's decision.
- Category: Procedural
- Sub-Issues:
- Quantum of costs awarded
- Costs awarded on per-trial day basis
- Professional Misconduct
- Outcome: The court considered the professional misconduct charges in the context of the cost taxation review.
- Category: Substantive
8. Remedies Sought
- Review of taxation of costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chia Yang Pong v Singapore Medical Council | High Court | Yes | [2004] 3 SLR 151 | Singapore | Cited as a consequence of which the SMC applied to court for the total fine imposed on the Professor to be reduced. |
| Tan Boon Hai v Lee Ah Fong | Court of Appeal | Yes | [2002] 1 SLR 10 | Singapore | Cited for the principle that a judge hearing an application for review of taxation of costs hears the matter de novo and is not fettered by the discretion exercised by the Registrar. |
| Tan Hun Hoe v Harte Denis Matthew | High Court | Yes | [2001] 4 SLR 317 | Singapore | Cited by counsel for the Professor as a previous bill of costs taxed in High Court trials. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 1998 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Taxation of costs
- Disciplinary proceedings
- Professional misconduct
- Medical Registration Act
- Assistant Registrar
- Bill of costs
- Jurisdiction
- Medical profession
- Research scientist
15.2 Keywords
- Singapore Medical Council
- Shorvon Simon
- Taxation of costs
- Disciplinary proceedings
- Medical Registration Act
- Professional misconduct
17. Areas of Law
16. Subjects
- Medical Law
- Civil Procedure
- Regulatory Law