6 Oct 2022
1. ) DATO' DR. MAHMUD BIN MOHD NOR 2. ) MAJLIS PERUBATAN MALAYSIA DR.MOHD ISMAIL BIN ABDUL HAMID
- Citation
- W-02(NCvC)(A)-1434-10/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(A)-1434-10/2020 (Mahkamah Rayuan)
Appeal allowed: Regulation 26 must be read as a whole; the quorum requirement in 26(4) (two members) was satisfied at the third hearing, the proviso to 26(3) saves acts despite a vacancy or defect in composition, and the word 'shall' in 26(2) is directory in context; further, the respondent's challenge was premature because only a final decision by the MMC under the Medical Act 1971 is amenable to appeal or review; thus the Judicial Commissioner erred in setting aside the PIC Recommendation.