Malaysia Case Law: Decisions & Judgments

13 Feb 2020

HASNAH BINTI BABA (NRIC No.: 241219-04-5076) JULIAH BINTI MOHD. HASSAN (NRIC No.:520726-71-5048)

Citation: BA-22NCvC-624-10/2017 (Mahkamah Tinggi)
Court: High Court
Case number: BA-22NCvC-624-10/2017 (Mahkamah Tinggi)

Unchallenged expert evidence established that the plaintiff suffered Alzheimer’s and was incapable of managing her affairs; under s58(1) MHA the court may appoint a committee and it did so; once a committee member is authorized to conduct proceedings under the MHA O 76 r 3(3) RC mandates that that person 'shall be entitled' to be the patient's litigation representative; delay in filing the application did not bar appointment but was penalized by an order for costs of RM3,000 payable by the plaintiff’s estate.

Eneres Consutant The Haven Sdn Bhd

Citation

A52-63-12/2014 (Mahkamah Sesyen)

Court

Sessions Court

Case number

A52-63-12/2014 (Mahkamah Sesyen)

The phrase 'end of action' refers to the conclusion of proceedings at the original trial in the Sessions Court; plaintiff failed to claim costs in the cause at that conclusion for the six interlocutory orders and, because the judgment was sealed and the court functus officio, the court could not grant those costs now; the plaintiff's application is therefore dismissed.