NG CHIANG CHONG v 1. ) ONG SIEW HAR 2. ) YEAP NG CHENG HOCK 3. ) YEAP NG SENG LEONG 4. ) YEAP NG SENG TIEN
Catchwords
Originating Summons – the Applicant sought an order directing an inquiry to be conducted to determine whether the 1st Respondent who is alleged to be mentally disordered and incapable of managing herself and her affairs due to such mental disorder and for the appointment of the Applicant and one of the Respondents as well as two solicitors as a committee under Sections 52 to 75 of the Mental Health Act 2001. Issue: Whether the Applicant had successfully established a prima facie case and whether the Respondents have rebutted such prima facie case. Whether the application was motivated by ill-intention or mala fide in light of an ongoing litigation between parties. The Court finds that based on the medical reports adduced, the Applicant had successfully established a prima facie case and that the Respondents have failed to rebut such a prima facie case. The Court also finds that the application was not motivated by ill-intention or mala fide despite the ongoing litigation between parties. The Court hereby ordered an inquiry to be conducted by an independent psychiatrist (who can converse in Hokkien or with the presence of a nurse who is proficient in that language) to determine whether the 1st Respondent is mentally disordered and is incapable of managing herself and her affairs due to such mental disorder.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-24ncvc-671-05-2024)