Lee Pheng Lip Ian v Chen Fun Gee & 4 Ors

Lee Pheng Lip Ian v Chen Fun Gee & 4 Ors

Section 42(2) of the MRA is to be treated as directory in its practical operation: neither a CC's late application for extensions nor the chairman's grants of extensions are invalidated simply for being late or for having inadequate stated reasons; the plaintiff failed to prove substantial prejudice from the delay; the leave application is dismissed.

Citation
[2019] SGHC 51
Parties
Plaintiff (registered Medical Practitioner): Lee Pheng Lip Ian; First Defendant — Chairman of the Complaints Panel: Chen Fun Gee; Second Defendant — Member of the Complaints Committee: Venkataraman Anantharaman; Third Defendant — Member of the Complaints Committee: Yeow Kok Leng Vincent; Fourth Defendant — Member of the Complaints Committee: Tan Jin Hwee; Fifth Defendant — Medical Council (smc): Singapore Medical Council
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
4 March 2019
Case Number
HC/OS 514/2018 ( HC/SUM 2032/2018,HC/SUM 3118/2018 )
Procedural Posture
Originating Summons for Judicial Review of Disciplinary Procedure Under the Medical Registration Act / Judgment (application Dismissed)
Outcome
Originating Summons No 514 of 2018 dismissed
Legal Topics
Extensions of Time Under Statutory Regime, Directory Vs Mandatory Statutory Provisions, Procedural Delay and Prejudice, Leave for Judicial Review, Scope of Review of Internal Administrative Time Extensions
Source Language
English
Administrative Law Professional Discipline Judicial Review Statutory Interpretation Extensions of Time Under Statutory Regime Directory Vs Mandatory Statutory Provisions Procedural Delay and Prejudice Leave for Judicial Review +1 more

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Parties

Lee Pheng Lip Ian

Plaintiff (registered Medical Practitioner)

Chen Fun Gee

First Defendant — Chairman of the Complaints Panel

Venkataraman Anantharaman

Second Defendant — Member of the Complaints Committee

Yeow Kok Leng Vincent

Third Defendant — Member of the Complaints Committee

Tan Jin Hwee

Fourth Defendant — Member of the Complaints Committee

Singapore Medical Council

Fifth Defendant — Medical Council (smc)

Procedural Posture

Originating Summons for Judicial Review of Disciplinary Procedure Under the Medical Registration Act / Judgment (application Dismissed)

Legal Issues

  1. 1 Whether s42(2) MRA is mandatory or directory
  2. 2 Whether non-compliance with s42(2) invalidates CC applications or chairman's grants of extensions of time
  3. 3 Whether the plaintiff suffered substantial prejudice from delay sufficient to invalidate proceedings

Ratio Decidendi

Section 42(2) of the MRA is to be treated as directory in its practical operation: neither a CC's late application for extensions nor the chairman's grants of extensions are invalidated simply for being late or for having inadequate stated reasons; the plaintiff failed to prove substantial prejudice from the delay; the leave application is dismissed.

Court Disposition

Originating Summons No 514 of 2018 dismissed

Orders

  • OS 514/2018 dismissed
  • SUM 2032/2018 (discovery) dismissed