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2017 MarsdenLR 2799

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


"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 mentally disordered and incapable of managing himself and his affairs. Also requested is that a committee be set up in the event there is a need to manage his affairs and estate. The 2nd defendant is the brother of the plaintiffs. Their father presently resides with the 2nd defendant.

Background Facts

[3] From here, it is more appropriate to refer the parties to their kindred positions. The father had suffered a str

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