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2025 MarsdenLR 3072

HIGH COURT MALAYA JOHOR BAHRU
LAU CHOON YEUB (F) & ANOR – Appellant
Versus
MAK CHOW YON @ HA CHAI & ORS – Respondent


Petitioner Advocates:Lim Choon Khim,Damien Chan Kay Ding,Jeff Ng Qin Liang ,Respondent Advocate: Ong Yu Jian,Nurul Hanani Azamuddin

Shamsulbahri Ibrahim J:

[Enclosure 14]

Introduction

[1] This is an application filed by the 2nd, 3rd and 4th Defendants seeking for, inter alia, an order that this Originating Summons ("OS") be converted into a writ action.

[2] As a brief background, in 1992, the 1st Defendant was married to the 1st Plaintiff and since then they have been living at No 12, Jalan Dedap 26, Taman Johor Jaya, Johor Bahru. The 2nd Plaintiff is their daughter.

[3] Before this, the 1st Defendant was married to Tan Ah Guan (now divorced) and they were blessed with four children, namely:

(a) the 2nd Defendant;

(b) the 3rd Defendant;

(c) the 4th Defendant (f); and

(d) Mak Chi Cheong, a mentally disordered person.

[4] The 1st Defendant is currently 88 years old and the Plaintiffs aver that the former is incapable of managing himself and his own affairs due to his mental incapacitated.

[5] Hence, on 7 December 2023 the Plaintiffs took out the present OS pursuant to the Mental Health Act 2000 ("MHA") seeking for the following prayers, inter alia:

(a) a declaration that the 1st Defendant is incapable of managing himself and his own affairs;

(b) an inquiry to be held pursuant to s 52 and/or s 54 of the MHA and directions th

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