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HIGH COURT (KUALA LUMPUR)
ANAND PONNUDURAI, J
Low Shee Kian – Appellant
Versus
Low Kim Hong (Low Su Kian & Ors interveners) – Respondent
| Table of Content |
|---|
| 1. procedural background and application for inquiry under section 52 of the mental health act 2001. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. requirement of a two-tier process to establish prima facie case for mental capacity inquiry. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 3. evaluation of evidence and justification for ordering a medical inquiry for the respondent. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 4. final order for medical examination and inquiry to determine mental incapacity. (Para 38 , 39 , 40 , 41) |
GROUNDS OF DECISION
Introduction
[1] This was an application by the Applicant (A), being the eldest son of the Respondent (R), pursuant to Section 52Mental Health Act 2001“MHA 2001”) for this Court to make an order inter alia directing an inquiry to determine whether R who is his 83 year old father is mentally disordered and incapable of managing himself and his affairs due to such mental disorder.
[2] Five (5) younger siblings of A via their Notice of Application in Enclosure 5 dated 14th October 2025 applied to intervene in these proceedings on the basis that their legal i
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