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2015 MarsdenLR 793

HIGH COURT MALAYA KUALA LUMPUR
GARY LIM TING HOWE – Appellant
Versus
LIM PANG CHEONG @ GEORGE LIM & ORS – Respondent


Table of Content
1. background and context of the legal issues. (Para 1 , 3 , 4 , 5 , 6)
2. preliminary jurisdiction issues raised. (Para 15 , 24 , 44)
3. determination of incapacity due to mental disorder. (Para 27 , 49)
4. legal framework under the mental health act. (Para 28 , 30 , 33)
Azizul Azmi Adnan JC:

Introduction

[1] This is an application by the second to fourth defendants, Tan Sri Dato' (Dr) Rozali Ismail, his brother Mat Hairi Ismail and WWE Holdings Bhd (a company controlled by the brothers), to set aside previous orders of the High Court dated 25 and 27 April 2012 by which:

(a) the first defendant, Lim Pang Cheong @ George Lim, was found to be mentally disordered within the meaning of the Mental Health Act 2001 ; and

(b) the plaintiff, Gary Lim (who is the son of George Lim) and Loh Foh Fin, the wife of George Lim, were appointed as the committee of George Lim's person and estate.

[2] For ease of reference, the second to fourth defendants are referred to as the judgment creditors (for reasons that will shortly be apparent), while George Lim is referred to as the first defendant. The plaintiff and the committee (acting for the first defendant and his estate) were represented

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