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2023 MarsdenLR 891

COURT OF APPEAL PUTRAJAYA
DATO DR MAHMUD MOHD NOR & ANOR – Appellant
Versus
DR MOHD ISMAIL ABDUL HAMID – Respondent


Petitioner Advocates:Harjinder Kaur Ajaib Singh,Choy Moon Moon ,Respondent Advocate: T Gunaseelan,Keshvinjeet Singh

Azizah Nawawi JCA:

[1] This is the Appellants' appeal against the decision of the learned Judicial Commissioner ("JC") dated 9 September 2020 in allowing the Respondent's Originating Summons dated 3 May 2016 ("OS"), inter alia, for the following orders:

(i) a declaration that the Preliminary Investigation Committee I ("PIC") is irregular and/or invalid in law; and

(ii) a declaration that the decision of the PIC on 28 May 2014 is null and void.

[2] Having considered the submissions of all parties, we have allowed the appeal and set aside the decision of the learned JC.

The Salient Facts

[3] The Respondent is a registered medical practitioner under the Medical Act 1971 ("Act 50").

[4] The First Appellant is the appointed Chairman of the PIC established by the Second Appellant, the Malaysian Medical Council ("MMC").

[5]Vide a letter dated 21 January 2005, a complaint was lodged with the MMC against the Respondent pertaining to the conduct and treatment a complainant had received from the Respondent ("the Complaint").

[6] The MMC had appointed the PIC, which composed of three members pursuant to reg 26, of the Medical Regulations 1974 (the "1974 Regulations"):

(i) the First Appellant;

(ii) Dr

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