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2020 MarsdenLR 2410

HIGH COURT MALAYA SHAH ALAM
HASNAH BABA – Appellant
Versus
JULIAH MOHD HASSAN – Respondent


Petitioner Advocates:Iskandar Putra Ishak,Amizaizul Izral Amran ,Respondent Advocate: Harjinder Singh Sandhu

JUDGMENT

A. Introduction

Wong Kian Kheong J:

[1] After the conclusion of the trial of this action (This Action) but before the delivery of its decision, an application in court encl 68 (encl 68) is filed for the following orders, among others:

(1) an order to appoint Encik Zahari Bin Zainal Abidin (Encik Zahari), one of the sons of the plaintiff (plaintiff), as the plaintiff's litigation representative for This Action under O 76 rr 2 and 3 of the Rules of 2012 (RC); and

(2) an order to appoint a committee consisting of Encik Zahari and Encik Zaharim Bin Zainal Abidin, another son of the plaintiff (Encik Zaharim), to manage the plaintiff's affairs and estate pursuant to s 58 of the Mental Health Act 2001 ( MHA ).

[2] This judgment discusses the novel question of whether the court should allow encl 68 under s 58(1) MHA and O 76 r 3(3) RC at this eleventh hour.

B. This Action

[3] The plaintiff is the mother of the late Encik Mohamed Zubir Bin Zainal Abidin (Deceased).

[4] The defendant (defendant) is the wife of the Deceased and the administratrix of the Deceased's estate.

[5] The plaintiff had filed This Action against the defendant on the ground that the defendant should have distributed

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