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Susan Lim case takes a new twist

CRUX OF CASE: Dr Lim's husband claims that SMC lawyers were improper in their billing of costs to the surgeon.


    Jul 03, 2014

    Susan Lim case takes a new twist

    LAST year, surgeon Susan Lim lost her battle against the Singapore Medical Council (SMC) over its assertions that she had overcharged her wealthy Bruneian patient. Now, her husband - who is funding her case - is accusing the SMC's lawyers of overcharging.

    The claims have been made in a new action brought by Deepak Sharma - recently retired Citi Private Bank global chairman - before the High Court. He is applying for a judicial review of a decision made by a review committee (RC) looking into a complaint he made to the Law Society of Singapore (Lawsoc) earlier this year.

    He is asking the court to quash the decision and for a new RC to be formed to look into his complaint.

    Mr Sharma's complaint to Lawsoc, submitted as part of his application for a judicial review, is over the fees that SMC's lawyers - Senior Counsel Alvin Yeo and Melanie Ho of WongPartnership (WongP) - are seeking to recover for the work they did for the SMC in its case against Dr Lim.

    Having lost that case, Dr Lim was ordered to pay the SMC's costs. Mr Sharma is funding his wife's legal costs.

    He claims that, in one of the bills, WongP was charging what amounted to $77,102 for each day they were in court. In another, it was $46,729 for each day in court. And, for the third bill, he says the lawyers' charges amounted to $100,000 per hour of hearing.

    The total bill from the WongP lawyers - which amounted to $1.007 million - was brought before a taxation hearing, after Dr Lim filed notices of dispute on all the bills.

    The assistant registrar at the taxation hearing reduced WongP's total bill of costs to $340,000 - about a third of the original.

    Mr Yeo and Ms Ho applied to have this decision reviewed. High Court judge Woo Bih Li, who reviewed the matter, eventually allowed a total sum of $370,000 for the bill of costs.

    "I believe that the actions by the lawyers in grossly overcharging my wife by $637,009 (the difference between the original bill amount of $1.007 million and the $370,000 allowed by Justice Woo) are dishonourable and constitute grossly improper conduct," Mr Sharma alleged in his complaint.

    In response to this complaint to Lawsoc, an RC was appointed to review the complaint.

    It dismissed Mr Sharma's complaints against Mr Yeo, as lacking in substance. It based its decision on WongP's assertion that Mr Yeo was not involved in the preparation of the bills, and that there was therefore no misconduct on his part.

    As for Mr Sharma's complaints against Ms Ho, the RC dismissed the portion which alleged that the sums claimed were exorbitant, but it referred another portion of his complaint - that the sums claimed from Dr Lim were in excess of what was actually billed to the SMC - back to an inquiry committee.

    Mr Sharma is now applying for a judicial review of this decision by the RC. This is said to be the first time someone has applied for a judicial review of a review committee's decision.

    Mr Sharma is also applying for the admission of a prominent Queen's Counsel, Michael Fordham, to represent him in this action, after having been turned down by all of the over 20 Singapore Senior Counsel he approached.