JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] I am dealing with a rare application under and pursuant to the Mental Health Act 2001 (Act 615) . It is couched in enclosure one (1) where the plaintiffs - both of whom are Singaporeans, seek for the following orders in relation to the person and estate affairs of the defendant - another Singaporean:

(i) that service of all the documents pertaining to the application herein on the other surviving relatives or next of kin of the above named Tan Kim Kiat @ Chua Kim Kiat be dispensed with;

(ii) that the medical doctor's attendance at the inquiry be dispensed with and his or her affidavit be admitted as evidence;

(iii) that the said Tan Kim Kiat @ Chua Kim Kiat (Singapore NRIC No. S0310710 H) be declared mentally disordered and incapable of managing his person and affairs;

(iv) that Tan Guek Tian (f) (Singapore NRIC No. S 1357897 D) and Kam Mui Lan (f) (Singapore NRIC No. S 0689788 F) be appointed committee of the person and estate of Tan Kim Kiat @ Chua Kim Kiat (Singapore NRIC No. S 0310710 H) pursuant to s. 58 of the Mental Health Act 2001 (Act 615) ;

(v) that the committee be at liberty to sell Tan Kim Kiat @ Chua Kim Kiat's 3/18th undivided share of the property situated on Lot 10, GRN 22278, Pekan Klebang, Seksyen IV, Daerah Melaka Tengah, Negeri Melaka (hereinafter referred to as "the said land") at such price and time to be determined by them in consultation with the remaining registered owners;

(vi) that the committee be empowered in his name and on his behalf, to execute all such conveyances and instruments of transfer in relation to any sale, charge and/or other disposition of the said land and/or estate of the said Tan Kim Kiat @ Chua Kim Kiat (Singapore NRIC No. S 0310710 H) to any purchaser the committee deems fit;

(vii) that the committee be and is at liberty to receive all purchase monies thereof and give good and valid receipts thereof;

(viii) that the proceeds of sale of such estate and/or land be utilised towards payment of the expenses for the maintenance of Tan Kim Kiat @ Chua Kim Kiat and that of his family;

(ix) that the plaintiffs be at liberty to apply; and

(x) such further and/or other relief deems fit and appropriate by this Honourable Court.

Factual Background

[2] The second plaintiff by the name of Kam Mui Lan is aged 72 and she is the wife of the defendant who is aged 76, whilst the first plaintiff is the defendant's second daughter. The defendant has three other daughters, namely, Monica Tan Guek Liew, Elaine Chua Guek Chun and Patricia Chua Guek Eng. The first plaintiff currently resides with her mother at No: 4, Lorong M, Telok Kurau, #02-02, Singapore. The first plaintiff deposes in her affidavit in encl. 2 that she is the only daughter who resides with her parents before her father - the defendant, was admitted to a nursing home. The defendant's three other daughters no longer stay with their mother since they have families of their own.

[3] The defendant is a retired bank officer and he has been residing in a dementia specific nursing home known as Apex Harmony Lodge in Singapore since March 2005 because his elderly wife, the second plaintiff, could no longer cope with his schizophrenic behaviour at home, a condition he had been diagnosed with since 1964 despite being treated by a private psychiatrist. The defendant is susceptible to bouts of irritation, restlessness and agitation. The medical report of the defendant from Dr. Ng Li-Ling of the Changi General Hospital in Singapore dated 21 April 2005 which is exhibited as exh. "TGT2" of encl. 2 makes for an interesting reading material. It reads as follows:

Chairman Medical Board

Changi General Hospital

Singapore 529889

Medical Report On Tan Kim Kiat

NRIC: S 0310710 H

I refer to your letter dated 23 Mar 2005 requesting for a medical report.

The above-named was first seen at the Division of Psychological Medicine, Changi General Hospital on 22 Oct 2004 for a psychiatric assessment.

Mr. Tan i