Singapore Medical Council v. Ang Peng Tiam: Leave to File Affidavit in High Court Appeal

In Singapore Medical Council v. Ang Peng Tiam, the High Court addressed the Singapore Medical Council's application for leave to file a supporting affidavit in its appeal against the Disciplinary Tribunal's sentence imposed on Dr. Ang Peng Tiam. The court dismissed the application, holding that the affidavit was unnecessary and its purpose could be achieved through written submissions, further clarifying the criteria for granting leave to file affidavits in appeals brought under Order 55 of the Rules of Court.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addresses the criteria for granting leave to file affidavits in appeals under Order 55 of the Rules of Court, emphasizing the role of written submissions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Medical CouncilApplicantStatutory BoardApplication DismissedLost
ANG PENG TIAMRespondentIndividualCosts awarded to RespondentWon

3. Judges

Judge NameTitleDelivered Judgment
Pang Khang ChauJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Lim Ying MinWongPartnership LLP
Chang Man PhingWongPartnership LLP
Cheronne LimWongPartnership LLP
Kristy TanAllen & Gledhill LLP
Edwin Tong SCAllen & Gledhill LLP
Rachel OngAllen & Gledhill LLP

4. Facts

  1. Singapore Medical Council appealed against the Disciplinary Tribunal’s sentence imposed on Dr Ang Peng Tiam.
  2. Singapore Medical Council filed an affidavit in support of the Originating Summons without seeking leave of court.
  3. The Respondent objected to the Supporting Affidavit, citing paragraph 84(3) of the Supreme Court Practice Directions.
  4. The Supporting Affidavit contained new evidence not presented before the Disciplinary Tribunal.
  5. The Singapore Medical Council argued that the Supporting Affidavit would help to provide a snapshot of the background of disciplinary proceedings.
  6. The Respondent argued that the Supporting Affidavit introduced new evidence and rehashed matters already in the Record of Proceedings.

5. Formal Citations

  1. Singapore Medical Council v Ang Peng Tiam, Originating Summons No 9 of 2016 (Summons No 3 of 2016), [2017] SGHC 75

6. Timeline

DateEvent
Complaint received against the Respondent.
Notice of inquiry issued.
Hearings began.
Hearings continued.
Disciplinary Tribunal delivered its decision.
Singapore Medical Council filed the Originating Summons to appeal against the Disciplinary Tribunal’s decision on sentence.
Singapore Medical Council filed the Supporting Affidavit.
Case management conference held; Respondent objected to the Supporting Affidavit.
Application dismissed.
Appeal heard before the Court of Three Judges; judgment reserved.
Written grounds of decision issued.

7. Legal Issues

  1. Leave to file affidavit
    • Outcome: The court held that leave should not be granted where the proposed affidavit merely serves a function which may be served by written submissions.
    • Category: Procedural
    • Sub-Issues:
      • Admissibility of new evidence
      • Role of written submissions

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation
  • Appeals
  • Healthcare Law

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited regarding conditions for adducing further evidence.
Martek Biosciences Corp v Cargill International Trading Pte LtdCourt of AppealYes[2011] 1 SLR 1287SingaporeCited for the principle that the conditions in Ladd v Marshall should not be strictly applied to an appeal under Order 55 of the Rules of Court.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed) Order 55
Rules of Court Order 28 r 3(1)

14. Applicable Statutes

Statute NameJurisdiction
Medical Registration Act (Cap 174, 2004 Rev Ed), section 53(1)(d)Singapore
Companies Act (Cap 50, 2006 Rev Ed), s 344ESingapore
Environmental Protection and Management Act (Cap 94A, 2002 Rev Ed), s 39Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Affidavit
  • Leave of court
  • Originating summons
  • Disciplinary Tribunal
  • Record of proceedings
  • Written submissions
  • New evidence
  • Appeal
  • Supreme Court Practice Directions
  • Order 55 of the Rules of Court

15.2 Keywords

  • Affidavit
  • Leave of court
  • Appeal
  • Singapore Medical Council
  • Disciplinary Tribunal
  • Rules of Court
  • Practice Directions

17. Areas of Law

Area NameRelevance Score
Disciplinary Proceedings90
Affidavits80
Civil Practice70
Medical Law70
Professional Discipline60
Appellate Practice60
Evidence Law60
Professional Ethics50
Production of documents40
Administrative Law30
Breach of duty to perform due diligence20

16. Subjects

  • Civil Procedure
  • Appeals
  • Regulatory Law
  • Medical Disciplinary Proceedings