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2024 MarsdenLR 619

COURT OF APPEAL PUTRAJAYA
DR VIJAENDREH SUBRAMANIAM & ANOR – Appellant
Versus
GOVERNMENT OF MALAYSIA & ANOR – Respondent


Petitioner Advocates:Dato Dr Gurdial Singh Nijar,Abraham Au Tian Hui,Lim Sze Han ,Respondent Advocate: Rahazlan Affandi Abdul Rahim,Liew Hong Bin,Saravanan Kuppusamy

JUDGMENT

Collin Lawrence Sequerah JCA:

(A) Introduction

[1] This is an appeal by the Appellants against the decision of the High Court dated 24 March 2022 in dismissing their Originating Summons (OS) filed for certain declaration of their rights as medical practitioners pursuant to provisions of the Poisons Act 1952 and the Sale of Drugs Act 1952 and related subsidiary legislation.

(B) Background Facts

[2] The 1st Appellant is a qualified medical practitioner and registered under the Medical Act 1971 and was at all material times, a specialist consultant doctor at Mahkota Medical Centre Sdn Bhd, at No 3, Mahkota Melaka, Jalan Merdeka, 75000 Melaka.

[3] He is also the President of the Malaysian Association for the Advancement of Functional and Interdisciplinary Medicine ("MAAFIM") and brought this action on behalf of himself and all other members of MAAFIM.

[4] MAAFIM is a national association which is registered under the Societies Act 1966. Its members comprise medical registered practitioners with varied specialist qualifications in a diverse range of medical fields.

[5] The 2nd Appellant is a qualified and registered medical practitioner under the Medical Act 1971 and operates a clin


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