Lim Mey Lee Susan v Singapore Medical Council: Application for Quashing and Prohibiting Orders
In Lim Mey Lee Susan v Singapore Medical Council, the High Court of Singapore heard an application for leave for judicial review by Lim Mey Lee Susan against the Singapore Medical Council's decision to appoint a second Disciplinary Committee to hear disciplinary proceedings regarding alleged overcharging of fees. The applicant sought a Quashing Order and a Prohibiting Order. Philip Pillai J granted leave for a substantive judicial review hearing, finding that the applicant had met the low threshold of establishing a prima facie case of reasonable suspicion.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Leave granted to the Applicant to apply for a Quashing Order and a Prohibiting Order.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for leave for judicial review of SMC's decision to appoint a disciplinary committee. Court granted leave for substantive hearing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Medical Council | Respondent | Statutory Board | Leave Granted | Lost | |
| LIM MEY LEE SUSAN | Applicant | Individual | Leave Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
4. Facts
- The Applicant is a medical doctor facing disciplinary proceedings for alleged overcharging of fees.
- The Singapore Medical Council (SMC) appointed a Disciplinary Committee (DC) to hear the proceedings.
- The Applicant applied for a Quashing Order against the SMC's decision to appoint a second DC.
- The Applicant also sought a Prohibiting Order to prevent the SMC from taking further disciplinary action.
- The Director of Medical Services of the Ministry of Health is also the Registrar of the SMC.
- The Attorney-General had previously represented the Applicant as her private legal counsel.
- The Attorney-General's Chambers applied to intervene in the proceedings.
5. Formal Citations
- Lim Mey Lee Susan v Singapore Medical Council, Originating Summons No 1252 of 2010, [2011] SGHC 131
6. Timeline
| Date | Event |
|---|---|
| Notice of Inquiry by the Disciplinary Committee regarding purported overcharging of fees. | |
| Medical Registration (Amendment) Act enacted (Act 1 of 2010). | |
| Medical Registration (Amendment) Regulations 2010 (S 528/2010) enacted. | |
| Singapore Medical Council appointed a second Disciplinary Committee. | |
| Originating Summons No 1252 of 2010 filed. | |
| Decision Date |
7. Legal Issues
- Illegality
- Outcome: Court found that the applicant had made out a prima facie case of reasonable suspicion of illegality.
- Category: Substantive
- Sub-Issues:
- Failure to appoint the Disciplinary Committee in accordance with s 41(3) of the Medical Registration Act
- Acting in excess of jurisdiction under the Medical Registration Act
- Fettering discretion over whether to appoint another disciplinary committee
- Irrationality
- Outcome: Court found that the applicant had made out a prima facie case of reasonable suspicion of irrationality.
- Category: Substantive
- Procedural Impropriety / Natural Justice
- Outcome: Court found that the applicant had made out a prima facie case of reasonable suspicion of procedural impropriety.
- Category: Procedural
- Sub-Issues:
- Bias
- Reasonable suspicion of bias
8. Remedies Sought
- Quashing Order
- Prohibiting Order
- Declaration that the Medical Registration (Amendment) Regulations 2010 are void
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Public Law
- Healthcare Law
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Service Commission v Lai Swee Lin Linda | Court of Appeal | Yes | [2001] 1 SLR(R) 133 | Singapore | Cited for the principle that the requirement of seeking leave of court is intended to filter out groundless or hopeless cases at an early stage. |
| Pang Chen Suan v Commissioner of Labour | Court of Appeal | Yes | [2008] 3 SLR(R) 648 | Singapore | Cited for guidance to judges on hearing ex-parte applications for leave for judicial review. |
| Chan Hiang Leng Colin v Minister for Information and the Arts | Court of Appeal | Yes | [1996] 1 SLR(R) 294 | Singapore | Cited for the meaning and scope of the phrases ‘a prima facie case of reasonable suspicion’ and ‘what might on further consideration turn out to be an arguable case’. |
| Teng Fuh Holdings Pte Ltd v Collector of Land Revenue | N/A | Yes | [2007] 2 SLR(R) 568 | Singapore | Cited in relation to the requirement of a prima facie case of reasonable suspicion. |
| Council of Civil Service Unions v Minister for the Civil Service | N/A | Yes | [1985] AC 374 | N/A | Cited for the grounds for judicial review: illegality, irrationality, and procedural impropriety. |
| Chng Suan Tze v Minister of Home Affairs, Singapore | N/A | Yes | [1988] 2 SLR(R) 525 | Singapore | Cited for the grounds for judicial review: illegality, irrationality, and procedural impropriety. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Medical Registration Act (Cap 174, 2004 Rev Ed) | Singapore |
| Medical Registration (Amendment) Act (Act 1 of 2010) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Quashing Order
- Prohibiting Order
- Singapore Medical Council
- Disciplinary Committee
- Prima Facie Case
- Reasonable Suspicion
- Illegality
- Irrationality
- Procedural Impropriety
- Natural Justice
15.2 Keywords
- Judicial Review
- Medical Council
- Disciplinary Proceedings
- Overcharging
- Singapore
17. Areas of Law
16. Subjects
- Administrative Law
- Medical Law
- Civil Procedure