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2010 MarsdenLR 1908

HIGH COURT MALAYA, KUALA LUMPUR
DR COLIN LEE SOON SOO – Appellant
Versus
MAJLIS PERUBATAN MALAYSIA – Respondent


Mohd Zawawi Salleh J:

Introduction

[1] This case concerns an application by the applicant for judicial review under O. 53 of the Rules of the High 1980 for an order of certiorari , inter alia , to quash the respondent's decision dated 17 July 2009.

[2] The respondent has argued that this application is premature as the respondent has not completed its investigation.

[3] After considering the submissions filed by both parties, the Court held that this application was prematurely brought before this Court and dismissed the application with costs.

Factual Background

[4] The following facts are not in dispute:

(a) On 3 June 2008, the applicant received a letter from the respondent informing him that a complaint had been lodged against him by Dr. Wan Mazlan bin Mohamed Woojdy, the Secretary of the respondent. The applicant was also notified that an inquiry before the Preliminary Investigation Committee II ("PIC"), convened by the respondent under reg. 26 of the Medical Regulations 1974 to investigate the complaint would be held on 4 July 2008.

(b) At the hearing of the inquiry on 4 July 2008, Dr. Mazlan was absent and the respondent was instead represented by its Assistant Secretary, Dr. Mu

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