Singapore Medical Council v Lim Mey Lee Susan: Review of Party-and-Party Bills of Costs for Disciplinary Proceedings
In Singapore Medical Council v Lim Mey Lee Susan, the High Court reviewed the Assistant Registrar's taxation of two party-and-party bills of costs submitted by the Singapore Medical Council (SMC) against Dr. Susan Lim, arising from disciplinary proceedings where Dr. Lim was found guilty of professional misconduct for overcharging a patient. The court, presided over by Justice Woo Bih Li, adjusted the amounts allowed for costs related to hearings before disciplinary committees and an appeal to the Court of Three Judges, considering factors such as the complexity of the case, the number of charges, and the reasonableness of fees claimed by legal assessors and medical experts. The court allowed $420,000 for Section 1 of B/C 111/2014, $49,200 for the First Legal Assessor's fees, $235,635.40 for the Second Legal Assessor's fees, $12,145 for Dr. Tan Yew Oo's fees, $8,000 for Dr. Hong Ga Sze's fees, and $100,000 for Section 1 of B/C 110/2014.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The court reviewed the Assistant Registrar's taxation of costs, adjusting the amounts allowed for the inquiry before the disciplinary committees and the appeal to the Court of Three Judges.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Review of bills of costs in disciplinary proceedings against Dr. Susan Lim for professional misconduct, focusing on overcharging a patient. The court adjusted the taxed amounts.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SINGAPORE MEDICAL COUNCIL | Applicant | Government Agency | Partial | Partial | Melanie Ho, Chang Man Phing, Jocelyn Ngiam |
| LIM MEY LEE SUSAN | Respondent | Individual | Partial | Partial | Paul Tan, Amy Seow, Alyssa Leong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Melanie Ho | WongPartnership LLP |
| Chang Man Phing | WongPartnership LLP |
| Jocelyn Ngiam | WongPartnership LLP |
| Paul Tan | Rajah & Tann Singapore LLP |
| Amy Seow | Rajah & Tann Singapore LLP |
| Alyssa Leong | Rajah & Tann Singapore LLP |
4. Facts
- Dr. Lim was found guilty on 94 charges of professional misconduct for overcharging a patient.
- The charges related to invoicing the patient medical fees that were far in excess of and disproportionate to the services rendered.
- Dr. Lim initially charged the patient $24 million, later reduced to $12.6 million.
- Two disciplinary committees were involved as the first one recused itself.
- Documents totaling 12,531 pages were involved for the proceedings at the inquiry stage.
- SMC claimed $900,000 for work done for hearings before the disciplinary committees.
- SMC claimed $150,000 for work done for an appeal to a Court of Three Judges.
5. Formal Citations
- Singapore Medical Council v Lim Mey Lee Susan, Bill of Costs Nos 110 of 2014 and 111 of 2014 (Summonses Nos 4443 and SUM 4444 of 2014), [2015] SGHC 129
6. Timeline
| Date | Event |
|---|---|
| Hearings before two disciplinary committees from 2010-2012 | |
| First Disciplinary Committee recused itself | |
| Second Disciplinary Committee was constituted | |
| Dr. Lim's judicial review application dismissed by a single judge | |
| Dr. Lim's appeal to the Court of Appeal dismissed | |
| Dr. Lim stated she would not call any evidence | |
| Bills of Costs taxed by an Assistant Registrar | |
| SMC filed Summonses Nos 4444 of 2014 and 4443 of 2014 to seek a review of the AR’s taxation | |
| Judgment reserved | |
| Appeal to this decision in Civil Appeal No 154 of 2015 was dismissed by the Court of Appeal |
7. Legal Issues
- Reasonableness of Legal Assessor Fees
- Outcome: The court held that the criterion of reasonableness must apply to the taxation of fees of legal assessors and that the fees of both legal assessors were reasonable.
- Category: Substantive
- Sub-Issues:
- Scope of work of a legal assessor
- Reasonableness of hourly rate
- Whether Dr Lim should be liable for refresher costs
- Reasonableness of Medical Expert Fees
- Outcome: The court held that the hourly rates of Dr. Tan were reasonable and allowed his fees. The court also allowed $8,000 for Dr. Hong's fees.
- Category: Substantive
- Sub-Issues:
- Appropriate hourly rate for medical experts
- Distinction between medical and non-medical work
- Costs Order Interpretation
- Outcome: The court held that Dr. Lim was liable for all costs of the inquiry proceedings, including refresher costs, as per the costs order made by the Second Disciplinary Committee.
- Category: Procedural
- Sub-Issues:
- Liability for refresher costs
- Impact of recusal of First Disciplinary Committee
8. Remedies Sought
- Recovery of Costs
- Reimbursement of Expenses
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Taxation of Costs
11. Industries
- Healthcare
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Shorvon Simon v Singapore Medical Council | High Court | Yes | [2006] 1 SLR(R) 182 | Singapore | Cited for the principle that the court will have regard to all relevant circumstances and factors stipulated in O 59 Appendix 1 of the Rules of Court when taxing costs of a party to disciplinary proceedings. |
| Lim Mey Lee Susan v Singapore Medical Council | Court of Three Judges | Yes | [2013] 3 SLR 900 | Singapore | Cited for raising issues of fundamental importance, including the ethical obligation of doctors to charge fair and reasonable fees. |
| Pang Ah San v Singapore Medical Council | High Court | Yes | [2014] 1 SLR 1094 | Singapore | Cited as a comparison case regarding the complexity of medical procedures involved in disciplinary proceedings. |
| Medical Council of Hong Kong v Helen Chan | N/A | Yes | [2010] HKCU 1041 | Hong Kong | Cited to support the view that the scheme under the regulations does not prohibit the legal assessor from attending internal meetings of a Disciplinary Committee. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Party-and-party costs
- Disciplinary proceedings
- Legal assessor
- Medical expert
- Taxation of costs
- Professional misconduct
- Overcharging
- Refresher costs
- Hourly rate
- Reasonableness
15.2 Keywords
- medical council
- disciplinary
- costs
- legal assessor
- medical expert
- overcharging
- professional misconduct
16. Subjects
- Medical Disciplinary Proceedings
- Legal Costs
- Professional Ethics
17. Areas of Law
- Regulatory Law
- Medical Law
- Civil Procedure