JUDGMENT

Anand Ponnudurai J:

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 and for the appointment of the Applicant and one of the Respondents as well as two solicitors as a committee under ss 52 to 75 of the Mental Health Act 2001 (hereinafter referred to as " MHA 2001").

[3] Having heard parties submit with the aid of their written submissions and having considered the evidence presented, I had ordered an inquiry to be conducted by an independent psychiatrist (who can converse in Hokkien or with the presence of a nurse