Justice Alice Loke, who granted the stay today after hearing submissions from the applicants’ lawyers, said a stay was necessary to preserve the status quo while the substantive judicial reviews are heard.
With the decision, no compounds or enforcement action may be brought against private clinics and dentists under the order until the court delivers its ruling. The High Court also directed that the judicial review be heard expeditiously.
“If a stay is not granted, the applicants’ rights will be affected,” Loke said in her ruling.
“Put another way, irreparable harm would be caused, given that the impugned order carries penal consequences.
“This is the most compelling reason, apart from the other grounds advanced, which have also persuaded me to allow the application.”
The medical practitioner groups were represented by Gurdial Singh Nijar, Abraham Au, Ngeow Chow Ying, K Shanmuga, and Kee Hui Yee. Senior federal counsel Fauziah Daud appeared for the government.
Gurdial, Au, and Ngeow represented the Malaysian Medical Association, while Shanmuga and Kee acted for the Private Medical Practitioners’ Association of Selangor and Kuala Lumpur.
In July, seven health groups and a general practitioner filed for judicial review over the mandatory drug price display requirement at private healthcare facilities.
A group of private medical practitioners representing doctors in the Klang Valley, as well as a clinic, also filed similar applications.
They argued that the domestic trade and cost of living minister exceeded his powers in implementing the rule under Section 10 of the Price Control and Anti-Profiteering Act (Act 723).
The applicants contend that Section 10 of Act 723 does not apply to drugs administered by healthcare practitioners, which they said fall under Section 19 of the Poisons Act 1952.
They also argued that clinics operated by registered practitioners cannot be classified as supplying “goods and services” under Section 10 of Act 723, according to the health news portal CodeBlue.
On Oct 22 last year, the High Court allowed doctors and health groups leave to initiate judicial review proceedings to challenge the government’s decision requiring clinics to display drug prices.