TAN POH LEE & ORS vs TAN KIM CHOO @ TAN KIM CHOON & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2799

HIGH COURT MALAYA KUALA LUMPUR
TAN POH LEE & ORS – Appellant
Versus
TAN KIM CHOO @ TAN KIM CHOON & ANOR – Respondent

Table of Content
1. the context of the family dispute involves allegations of mental incapacity and the need for an inquiry. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. the daughters argue for an inquiry based on medical evidence and their relationship to the father. (Para 7 , 8)
3. the court examines statutory provisions, establishing the need for prima facie evidence before ordering an inquiry. (Para 9 , 10 , 11 , 12 , 13 , 14)

"I can calculate the motion of heavenly bodies, but not the madness of people" - Isaac Newton

Abu Bakar Jais J:

Introduction

[1] This is far from a case of harmless, fun and laughable sibling rivalry. Instead the sibling rivalry in this case has taken a turn for the worse. It is also a case where the patriarch felt bitterly disappointed to the point of being emotionally hurt, that his own daughters would have the gumption to assert he might be mentally incapable and is generally not in good physical condition.

[2] The plaintiffs' (all daughters of the 1st defendant) filed the Originating Summons ('OS') essentially to apply pursuant to s 52 of the Mental Health Act 2001 (' MHA ') for an inquiry against their own father, the 1st defendant, to determine whether the latter is

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2017 MarsdenLR 2799

HIGH COURT MALAYA KUALA LUMPURTAN POH LEE & ORS – AppellantVersusTAN KIM CHOO @ TAN KIM CHOON & ANOR – Respondent

Cases Referred (3)

HIGH COURT MALAYA KUALA LUMPUR
TAN POH LEE & ORS – Appellant
Versus
TAN KIM CHOO @ TAN KIM CHOON & ANOR – Respondent