DR. MOHD ISMAIL BIN ABDUL HAMID 1. ) DATO' DR. MAHMUD BIN MOHD NOOR 2. ) MAJLIS PERUBATAN MALAYSIA

DR. MOHD ISMAIL BIN ABDUL HAMID 1. ) DATO' DR. MAHMUD BIN MOHD NOOR 2. ) MAJLIS PERUBATAN MALAYSIA

Because Regulation 26(2) mandates a minimum of three members, the PIC which continued and decided with only two members after the death of a member lacked legal competence and locus; the Defendants acted with knowledge of the vacancy and not in bona fide ignorance, so the proviso and Interpretation Act s41 do not validate the proceedings; accordingly the PIC Decision of 28.5.2014 is null and void.

Citation
WA-24NCVC-713-05/2016 (Mahkamah Tinggi)
Parties
Plaintiff: Dr. Mohd Ismail bin Abdul Hamid; Defendant 1 (chairman, Pic): Dato' Dr. Mahmud bin Mohd Noor; Defendant 2 (statutory Body): Majlis Perubatan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 September 2020
Case Number
WA-24NCVC-713-05/2016 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Hearing on Merits; High Court Judgment (grounds of Decision)
Outcome
Originating Summons allowed; PIC declared irregular/invalid; Decision of PIC dated 28.5.2014 declared null and void; no order as to costs
Legal Topics
Quorum Vs Composition of Statutory Committee, Validity of Decisions of Statutory Bodies, Procedural Impropriety and Fair Hearing, Application of Saving Provisions, Interpretation of 'shall' as Mandatory
Source Language
Malay/English
Administrative Law Professional/regulatory Discipline Statutory Interpretation Constitutional Law Quorum Vs Composition of Statutory Committee Validity of Decisions of Statutory Bodies Procedural Impropriety and Fair Hearing Application of Saving Provisions +1 more

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Parties

Dr. Mohd Ismail bin Abdul Hamid

Plaintiff

Dato' Dr. Mahmud bin Mohd Noor

Defendant 1 (chairman, Pic)

Majlis Perubatan Malaysia

Defendant 2 (statutory Body)

Procedural Posture

Originating Summons / Hearing on Merits; High Court Judgment (grounds of Decision)

Legal Issues

  1. 1 Whether PIC was validly constituted under Regulation 26(2) of the Medical Regulations 1974
  2. 2 Whether meeting of PIC with two members satisfied legal requirements and rendered its Decision valid
  3. 3 Whether proviso to Regulation 26(3) or s41 Interpretation Act can save acts of an under‑manned PIC

Ratio Decidendi

Because Regulation 26(2) mandates a minimum of three members, the PIC which continued and decided with only two members after the death of a member lacked legal competence and locus; the Defendants acted with knowledge of the vacancy and not in bona fide ignorance, so the proviso and Interpretation Act s41 do not validate the proceedings; accordingly the PIC Decision of 28.5.2014 is null and void.

Court Disposition

Originating Summons allowed; PIC declared irregular/invalid; Decision of PIC dated 28.5.2014 declared null and void; no order as to costs

Orders

  • Declaration that the Preliminary Investigation Committee was irregular and/or invalid in law
  • Declaration that the Decision of the Preliminary Investigation Committee dated 28.5.2014 is null and void