Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 52 mental health act 2001

Legal area

Court

22 Apr 2024

LAM SIOK FAN LYE THEI PIHAK TERKILAN KLINIK PAKAR DR YEOH & DR HAZLI SDN BHD BUKAN PIHAK-PIHAK KETUA PENGARAH KESIHATAN KEMENTERIAN KESIHATAN MALAYSIA

Citation

WA-24NCvC-5111-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-5111-11/2023 (Mahkamah Tinggi)

Applicant, being a daughter‑in‑law, is not within the statutory definition of 'relative' under s.2 of the Mental Health Act 2001 and therefore lacks locus standi to apply under s.52; consequently the s.52 application and the related discovery application under Order 24 r.7A are dismissed with costs.
10 Feb 2023

DATO' SRI ANDREW KAM TAI YEOW TAN SRI DATO' KAM WOON WAH

Citation

WA-24NCvC-2619-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2619-12/2021 (Mahkamah Tinggi)

The court found the plaintiff failed to adduce sufficiently persuasive prima facie evidence that the defendant was possibly mentally disordered; the material was conjectural, relied on lay observations and an uncorroborated short telephone account, and included affidavits with misleading address statements. Given the intrusive nature of s.52 MHA inquiries and the high caution required for striking out, the claim was nevertheless 'obviously unsustainable' and an abuse of process, warranting summary striking out under O.18 r.19 and the Court's inherent jurisdiction; costs RM15,000 awarded to de…