KUALA LUMPUR – Former MCA secretary-general Tan Sri Kam Woon Wah has filed an application to strike out the originating summons filed by his son Datuk Seri Andrew Kam Tai Yeow to determine his mental health.
The 92-year-old millionaire filed the application at the high court registrar’s office through Messrs Y.C. Wong on December 27.
Woon Wah had applied to strike out the summons filed by Tai Yeow, 59, on the grounds that it did not disclose any reasonable cause of action and that it was scandalous, frivolous and vexatious as well as an abuse of the court process.
The senior Kam claimed, he at all material times is and was fully and entirely capable of managing himself and companies under his responsibility as confirmed by a December 16, 2021 consultant psychiatrist report.
As such, the defendant claimed his son had no right to file the originating summons.
On December 20, Tai Yeow filed an originating summons to determine his father’s mental health, which was claimed to have been in decline over the past few years, including difficulties in communicating as well as appearing to be a person who has memory loss.
He applied to the court to decide if his father was mentally capable of instructing his lawyers to act on his behalf.
Tai Yeow also applied for a court order to obtain a list of all assets and property owned by his father.
He had also applied for Woon Wah to be present in court to be assessed under Section 52 of the Mental Health Act 2001, to enable mental health experts deemed suitable by the court to have full and unlimited access to the defendant for examination purposes.
Tai Yeow also applied for a court order to appoint a committee to manage Woon Wah’s affairs and his estate if he was found mentally incapable of managing them himself.
The court fixed January 3 for case management. – Bernama, December 31, 2021
