The exercise of discretion in ordering a mental health inquiry requires a prima facie case, which has not been established when there are conflicting medical opinions.

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 stroke. This stroke is massive according to the daughters and manageable according to the son based on some medical reports. The daughters' belief is supported by a Consultant Neurologist at Gleneagles Hospital. In another hospital for further treatment, Tung Shin Hospital, the Consultant Physician there found the father unable to follow most instructions and advised the family that the father's banking and other administrative duties need to be supervised as he is unable to carry out any activities himself. Another Consultant Neurologist at Gleneagles found the stroke to affect two-thirds of the right hemisphere of the brain and the father is unable to make complex decision including his finances and care. There is also opinion by a specialist supporting the daughters that their father may have acute dementia.

[4] The son told his sisters the medical impairment has nothing to do with mental disorder and their father is far from being faculty challenged. A few months later, a Consultant Psychiatrist and psychotherapist at the University Malaya Specialist Centre found the father to suffer from dementia of vascular in origin and he is not capable of handling his personal and professional matters. Later the father was taken out from Tung Shin Hospital by the son. The daughters said their brother at least on several occasions, had not responded as to the whereabouts of their father.

[5] On the part of the father and the son, there are medical reports suggesting that the father is not mentally incapable. The father had denied that he is not fit mentally and this is supported by the physicians that had introduced these reports. These reports are more contemporaneous compared to the reports by the daughters' medical specialist. His medical experts' opinions show that he can make sound and rational judgment.

[6] Further as could be expected in a family feud of this nature, the issue of wealth comes to play. The daughters and son slung mud at each other with the same reciprocal accusation that the show of concern and affection to their father now is with the sole purpose of trying to control their father only because of their father's moneys and assets.

The Daughters' Contentions

[7] In gist, the arguments of the daughters in support of the OS are as follows.

(a) Their father is a mentally disordered person under s 2 of MHA and is incapable of managing him