JUDGMENT

Noor Hayati Mat J:

Introduction

[1] This Originating Summons (OS) was filed pursuant to ss 52, 54, and 58 of the Mental Health Act 2001 (MHA), for an inquiry to be held into the mental state of the Defendant.

[2] An inquiry was conducted, and I allowed the application. The Defendant now appeals to the Court of Appeal, and below are my grounds of judgment.

Background Of The Case

[3] plaintiff is the eldest son of the Defendant and a director of Sencomax Construction Group Sdn Bhd (Sencomax). Defendant is his father, aged 75.

[4] The Defendant had previously initiated a suit bearing case No BA-22NCVC-102-03/2020 (Suit 102) against Sencomax seeking recovery of RM1.5 million, representing funds allegedly loaned by him for the purchase of a Cold Milling Machine, which was allegedly disposed of without his consent.

[5] On 28 March 2022, Sencomax had applied to amend its defence in Suit 102 to the effect that the Defendant had suffered from a mental health issue since 2016. Following this amendment, the burden was imposed upon Sencomax to prove in Suit 102 that the Defendant indeed suffered from mental health issues since that period.

[6] The filing of this OS was predicated on the asse