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HIGH COURT MALAYA GEORGETOWN
NG CHIANG CHONG – Appellant
Versus
ONG SIEW HAR & ORS – Respondent
| Table of Content |
|---|
| 1. issue of inquiry (Para 1) |
| 2. background facts (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. legal proceedings (Para 11 , 12 , 13 , 14 , 15) |
| 4. applicant's contentions (Para 16 , 18 , 19 , 20 , 21) |
| 5. respondents' contentions (Para 17) |
| 6. discretion to order inquiry (Para 22 , 23) |
| 7. prima facie case established (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
JUDGMENT
Introduction
[1] This judgment brings to fore the issue of when the Court should exercise its discretion under the Mental Health Act 2001 (hereinafter referred to as " MHA 2001") to make an Order directing an inquiry to determine whether a person alleged to be mentally disordered is incapable of managing their affairs due to such mental disorder.
[2] The Applicant commenced these legal proceedings against the Respondents via this Originating Summons, seeking an order directing an inquiry to be conducted to determine whether his mother ie the 1st Respondent (hereinafter referred to as "R1") who he alleges to be mentally disordered and incapable of managing herself and her affairs due to such mental disorder an
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