ONG TJOEI AIK HAROLD v 1. ) GAN SIEW MUI @ GAN YOOK HWA 2. ) ONG LU YUAN 3. ) HOWARD ONG LU PENG
Catchwords
Mental Health Act 2001 — Inquiry into mental disorder — Application by son for inquiry into mother’s mental capacity — Alleged dementia and impaired decision-making capacity — Whether serious issue to be tried as to incapacity to manage affairs — Sections 52, 54 and 58 Mental Health Act 2001 Injunction — Interim injunction — Ex parte application — Asset preservation pending mental health inquiry — Application to restrain dealings with movable and immovable assets allegedly transferred during period of incapacity — Whether High Court possessed jurisdiction to grant interim protective relief prior to finding under s 52 Mental Health Act 2001 — Whether urgency established — Whether duty of full and frank disclosure complied with — Whether requirements under American Cyanamid principles satisfied — Order 29 r 1 Rules of Court 2012 Courts — Jurisdiction — Inherent jurisdiction — Interim preservation of property — Protective jurisdiction exercised in aid of statutory inquiry under Mental Health Act 2001 — Whether Court may preserve estate pending determination of capacity — Paragraph 6 Schedule Courts of Judicature Act 1964 — Order 92 r 4 Rules of Court 2012 Practice and Procedure — Ex parte proceedings — Duty of full and frank disclosure — Applicant required to disclose all material facts including adverse matters — Whether disclosure obligations under Order 29 r 1(2A) satisfied — Consequences of non-disclosure Land Law — Indefeasibility of title — Risk of onward transfer to bona fide purchaser — Whether damages adequate remedy where impugned transfers of land may become indefeasible under s 340 National Land Code Equity — Preservation of estate — Alleged transfers procured from vulnerable elderly person suffering dementia — Interim restraint against dissipation of foreign-held assets, securities accounts and safe deposit box contents pending inquiry
Practice Areas
Judges (1)
Judgment
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