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.