Lim Mey Lee Susan v Singapore Medical Council: Judicial Review of Disciplinary Committee Revocation
In Lim Mey Lee Susan v Singapore Medical Council, the High Court of Singapore heard an application for judicial review concerning the Singapore Medical Council's decision to revoke the appointment of a Disciplinary Committee and appoint another to hear a complaint against Lim Mey Lee Susan. Philip Pillai J dismissed the discovery application, finding it unnecessary for disposing fairly of the case.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Each of the applications for discovery is dismissed.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Judicial review of Singapore Medical Council's decision to revoke and appoint Disciplinary Committees. Discovery application dismissed for lack of necessity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Medical Council | Respondent | Statutory Board | Discovery application dismissed | Won | |
| LIM MEY LEE SUSAN | Applicant | Individual | Discovery application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
4. Facts
- The Applicant sought judicial review of the SMC's decision to revoke the 1st DC and appoint a 2nd DC.
- The Applicant applied for discovery of documents related to the revocation and appointment of the DCs and the amendment of reg 42.
- The SMC declined to provide the requested documents.
- The Applicant argued bias or apprehension of bias based on emails received by members of the SMC.
- Regulation 42 was amended shortly after the 2nd DC was constituted.
- The amended regulations related to the disciplinary process and the availability of legal assessors.
5. Formal Citations
- Lim Mey Lee Susan v Singapore Medical Council, Originating Summons No 1252 of 2010 (Summons No 521 of 2011), [2011] SGHC 132
6. Timeline
| Date | Event |
|---|---|
| Disciplinary Committee hearing where the Defence Counsel made a procedural application for the Disciplinary Committee to recuse itself. | |
| Between this date and 2010-09-16, correspondence exchanged between the Secretariat of the SMC and any member(s) of the SMC, or between such members inter se. | |
| Between this date and 2010-09-16, discussions between members of the SMC and/or members of the Secretariat of the SMC. | |
| Between this date and 2010-09-16, meetings of the SMC held. | |
| Email sent regarding the revocation of the current Disciplinary Committee. | |
| Deadline for SMC members to object to the revocation of the current Disciplinary Committee. | |
| Email sent regarding the appointment of a new Disciplinary Committee. | |
| Deadline for SMC members to object to the appointment of the new Disciplinary Committee. | |
| Applicant notified that the SMC had appointed the 2nd DC. | |
| Amendment of regulation 42 of the Medical Registration Regulations came into effect. | |
| Amendments brought into force on 20 September 2010 were subsequently repealed and reintroduced as part of a more comprehensive set of regulations. | |
| Applicant invited the SMC to provide discovery of documents. | |
| SMC declined to provide discovery of documents. | |
| Judgment reserved. |
7. Legal Issues
- Discovery in Judicial Review
- Outcome: The court held that the discovery application was not necessary for disposing fairly of the applicant's case on the record and dismissed the application.
- Category: Procedural
- Related Cases:
- [2010] 4 SLR 990
- [1983] 2 AC 237
- [1953] 2 QB 18
- [2007] 1 AC 650
- Bias or Apprehension of Bias
- Outcome: The court found that the applicant's complaint of bias was evident in the record but did not find it necessary to grant discovery.
- Category: Substantive
- Validity of Regulation 42
- Outcome: The court determined that the challenge to regulation 42 could be determined ex facie on the content of the amended regulation and that discovery was not necessary.
- Category: Substantive
8. Remedies Sought
- Discovery of Documents
- Declaration that reg 42 is void
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Litigation
- Regulatory Law
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yip Kok Seng v Traditional Chinese Medicine Practitioners Board | N/A | Yes | [2010] 4 SLR 990 | Singapore | Cited regarding the uncertainty of whether processes applicable to ordinary originating summons, such as discovery, are applicable in addition to those prescribed under Order 53. |
| O'Reilly v Mackman | N/A | Yes | [1983] 2 AC 237 | United Kingdom | Cited for a detailed consideration of procedural issues regarding actions for prerogative remedies. |
| Barnard v National Dock Labour Board | N/A | Yes | [1953] 2 QB 18 | United Kingdom | Cited to show that there is no discovery in certiorari applications. |
| Tweed v Parades Commission for Northern Ireland | N/A | Yes | [2007] 1 AC 650 | Northern Ireland | Cited for the underlying differences between discovery applications in civil actions and in judicial review. |
| Council of Civil Service Unions v Minister for the Civil Service | N/A | Yes | [1985] AC 374 | N/A | Cited for the categorisations of illegality, irrationality or procedural impropriety in judicial review. |
13. Applicable Rules
| Rule Name |
|---|
| Order 24 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2004 Rev Ed) | Singapore |
| Medical Registration (Amendment) Regulations 2010 (S 528/2010) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Discovery
- Disciplinary Committee
- Singapore Medical Council
- Bias
- Medical Registration Regulations
- Regulation 42
15.2 Keywords
- Judicial Review
- Discovery
- Singapore Medical Council
- Medical Disciplinary Committee
- Bias
- Medical Regulations
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Medical Law | 80 |
| Administrative Law | 70 |
| Natural justice | 60 |
| Professional conduct | 50 |
| Professional Ethics | 50 |
| Civil Procedure | 40 |
16. Subjects
- Civil Procedure
- Administrative Law
- Medical Law