Chan Sek Keong J

This is an appeal against an order of the assistant registrar made on the hearing for further directions as follows:

(1) action to be stayed pending determination of the plaintiff's capacity in accordance with the procedure laid down in the Mental Disorders and Treatment Act (Cap 178, 1985 Ed);

(2) if the plaintiff is found to be of sound mind on 21 March 1989 this action to continue;

(3) if the plaintiff is found to be of unsound mind on 21 March 1989 this action to be dismissed with costs to be taxed up to the summons for directions stage and awarded to defendant;

(4) if plaintiff's state of mind on 21 March 1989 cannot be determined by inquiry and

(a) he is found to be of sound mind at the conclusion of the inquiry, this action to continue;

(b) he is found to be of unsound mind at the conclusion of inquiry, this action to continue but with the appropriate committee to prosecute the plaintiff's action by amendment under O 20 r 5;

(5) the costs of the day's hearing be awarded to the defendant fixed at $350.

The plaintiff had suffered severe injuries from a collision between his motor cycle and the pick-up van driven by the defendant. The plaintiff had, inte