Yip Man Hing Kevin v Gleneagles Hospital: Judicial Review of Hospital's Disciplinary Decision
Dr. Yip Man Hing Kevin, an orthopaedic surgeon, applied to the High Court of Singapore for leave to seek judicial review of Gleneagles Hospital's decision to suspend his accreditation and privileges. The High Court, presided over by Choo Han Teck J, dismissed the application, finding that the hospital's decision was based on a contractual agreement with Dr. Yip and not subject to judicial review. The court held that Dr. Yip's remedies, if any, must be sought in contract.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for leave dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Dr. Yip's application for judicial review of Gleneagles Hospital's decision to suspend him, holding that the matter was contractual, not subject to judicial review.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yip Man Hing Kevin | Applicant | Individual | Application for leave dismissed | Lost | Edwin Tong, Kenneth Lim, Christine Tee |
| Gleneagles Hospital | Respondent | Corporation | Application dismissed | Won | Lok Vi Ming, Audrey Chiang, Calvin Lim |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Edwin Tong | Allen & Gledhill LLP |
| Kenneth Lim | Allen & Gledhill LLP |
| Christine Tee | Allen & Gledhill LLP |
| Lok Vi Ming | Rodyk & Davidson LLP |
| Audrey Chiang | Rodyk & Davidson LLP |
| Calvin Lim | Rodyk & Davidson LLP |
| Khoo Boo Jin | Attorney-General's Chambers |
4. Facts
- Dr. Yip, an orthopaedic surgeon, had accreditation and privileges to practice at Gleneagles Hospital.
- Gleneagles Hospital suspended Dr. Yip for three months following a review of his professional performance.
- The suspension stemmed from Dr. Yip's handling of two patient cases.
- Dr. Yip sought judicial review of the hospital's decision.
- The hospital's power to suspend Dr. Yip derived from a contract between them.
- The High Court found the hospital's decision was contractual, not statutory or public in nature.
5. Formal Citations
- Yip Man Hing Kevin v Gleneagles Hospital, Originating Summons No 877 of 2013 (Summons No 5324 of 2013), [2014] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Shanmugan Baskaran admitted to Gleneagles Hospital | |
| Shanmugan Baskaran died | |
| Gleneagles Hospital issued letter regarding patient referrals | |
| Murugesan Dharmaraj admitted to Gleneagles Hospital | |
| Murugesan Dharmaraj's condition stabilized and he was transferred to National University Hospital | |
| Dr. Yip informed of review by Professional Performance Review Committee | |
| Dr. Yip submitted report to Professional Performance Review Committee | |
| Dr. Yip appealed to replace Dr. James Lee on the Professional Performance Review Committee | |
| Appeal to replace Dr. Lee was disallowed | |
| Dr. Yip invited for oral interview by Professional Performance Review Committee | |
| Dr. Yip provided with witness statements | |
| Dr. Yip attended interview with Professional Performance Review Committee | |
| Professional Performance Review Committee submitted report to chairman of Medical Advisory Board | |
| Medical Advisory Board reviewed Professional Performance Review Committee's findings | |
| Dr. Yip submitted further report to Professional Performance Review Committee | |
| CEO of Gleneagles Hospital informed Dr. Yip of 3-month suspension | |
| Dr. Yip's lawyers wrote to Gleneagles Hospital to appeal the decision | |
| CEO of Gleneagles Hospital agreed to consider Dr. Yip's request for a meeting | |
| Dr. Yip's lawyers proposed meeting dates and requested a stay of suspension | |
| Dr. Yip agreed to meet Gleneagles Hospital's representatives without lawyers | |
| Dr. Yip met with Gleneagles Hospital's representatives | |
| Dr. Yip's lawyers reiterated request for a meeting and stay of suspension | |
| Dr. Yip's lawyers informed Gleneagles Hospital of intention to apply for review | |
| Dr. Yip commenced proceedings for judicial review | |
| Injunction granted to Dr. Yip against enforcement of suspension order | |
| Hearing in chambers; leave to apply for judicial review declined | |
| High Court dismissed Dr. Yip's application for leave |
7. Legal Issues
- Judicial Review
- Outcome: The court held that the decision of Gleneagles Hospital was not subject to judicial review as it was based on a contractual agreement.
- Category: Procedural
- Related Cases:
- [2013] 3 SLR 201
- [2011] SGHC 131
- [2012] 3 SLR 565
8. Remedies Sought
- Quashing order against the decision of the Professional Performance Review Committee
- Quashing order against the decision of the Medical Advisory Board
- Quashing order against the decision of the Chief Executive Officer
- Quashing order against the 3-month suspension
- Stay on the suspension pending determination of proceedings
- Restraint from disclosing or publishing the decisions and suspension
9. Cause of Actions
- Application for Judicial Review
10. Practice Areas
- Commercial Litigation
- Healthcare Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Marplan Pte Ltd v Attorney-General | High Court | Yes | [2013] 3 SLR 201 | Singapore | Cited with approval for the test for leave to apply for a quashing order. |
| Lim Mey Lee Susan v Singapore Medical Council | High Court | Yes | [2011] SGHC 131 | Singapore | Cited with approval for the test for leave to apply for a quashing order. |
| Yeap Wai Kong v Singapore Exchange Securities Trading Ltd | High Court | No | [2012] 3 SLR 565 | Singapore | Distinguished from the present case; discussed the source and nature of power for judicial review, particularly regarding public functions. |
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 |
| Private Hospitals and Medical Clinics Act (Cap 248, 1999 Rev Ed) | Singapore |
| Securities and Futures Act (Cap 289, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial review
- Suspension
- Accreditation
- Privileges
- Contractual
- Professional Performance Review Committee
- Medical Advisory Board
- Public function
15.2 Keywords
- Judicial Review
- Hospital
- Suspension
- Contract
- Doctor
- Gleneagles
16. Subjects
- Administrative Law
- Contract Law
- Healthcare
17. Areas of Law
- Administrative Law
- Contract Law
- Judicial Review
- Healthcare Law