Wong Sau Kuen v Wong Kai Wah: Dispute over Committee Appointment under Mental Disorders and Treatment Act

In Wong Sau Kuen and Others v Wong Kai Wah and Another, the High Court of Singapore addressed an application for the appointment of a Committee of Person and Estate for Yan Lai Lin under the Mental Disorders and Treatment Act. The plaintiffs, YLL's children, sought the appointment, opposed in part by the defendants, also YLL's children. The primary issue was the composition of the Committee, with disputes arising from allegations of undue influence and ongoing proceedings in Australia. The court appointed the 2nd to 5th Plaintiffs and the 2nd Defendant to the Committee, excluding the 1st Plaintiff and 1st Defendant due to existing conflicts, emphasizing the need for workable solutions and effective decision-making in the management of YLL's affairs. The costs of the Committee were to be paid from YLL’s estate, while the costs of the 1st Plaintiff and 1st Defendant were to be borne personally.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application granted in part; Committee of Person and Estate appointed consisting of the 2nd to 5th Plaintiffs and the 2nd Defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding the appointment of a Committee for Yan Lai Lin under the Mental Disorders and Treatment Act. Court appointed siblings, excluding feuding parties.

1.7 Decision Date

8 January 2008

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Wong Kai Wah	Defendant	Individual	Application denied	Lost	Mohan Das Naidu of Mohan Das Naidu & Partners K Nair of Mohan Das Naidu & Partners
Wong Sau Kuen	Plaintiff	Individual	Application granted in part	Partial	Philip Jeyaratnam of Rodyk & Davidson LLP Elizabeth Yeo of Rodyk & Davidson LLP Rodney Keong of Rodyk & Davidson LLP
Wong Sau Har	Plaintiff	Individual	Application granted in part	Partial	Philip Jeyaratnam of Rodyk & Davidson LLP Elizabeth Yeo of Rodyk & Davidson LLP Rodney Keong of Rodyk & Davidson LLP
Wong Sau Chin	Plaintiff	Individual	Application granted in part	Partial	Philip Jeyaratnam of Rodyk & Davidson LLP Elizabeth Yeo of Rodyk & Davidson LLP Rodney Keong of Rodyk & Davidson LLP
Wong Sow Meng	Plaintiff	Individual	Application granted in part	Partial	Philip Jeyaratnam of Rodyk & Davidson LLP Elizabeth Yeo of Rodyk & Davidson LLP Rodney Keong of Rodyk & Davidson LLP
Wong Suan Fong	Plaintiff	Individual	Application granted in part	Partial	Philip Jeyaratnam of Rodyk & Davidson LLP Elizabeth Yeo of Rodyk & Davidson LLP Rodney Keong of Rodyk & Davidson LLP
Wong Khai Soon	Defendant	Individual	Application granted in part	Partial	Brian Campos of Wee Tay & Lim

3. Judges

Judge Name	Title	Delivered Judgment
Choo Han Teck	Judge	Yes

4. Counsels

Counsel Name	Organization
Mohan Das Naidu	Mohan Das Naidu & Partners
K Nair	Mohan Das Naidu & Partners
Philip Jeyaratnam	Rodyk & Davidson LLP
Elizabeth Yeo	Rodyk & Davidson LLP
Rodney Keong	Rodyk & Davidson LLP
Brian Campos	Wee Tay & Lim

4. Facts

The Plaintiffs and Defendants are YLL’s children.
YLL was declared mentally incapable of looking after herself under s 7 of the Mental Disorders and Treatment Act.
The application was for the Plaintiffs to be made the Committee of the Person and Estate for YLL.
The 1st Defendant objected to the 1st Plaintiff being on the Committee.
The 1st Defendant requested that an independent member be appointed to the Committee.
There are ongoing proceedings in Australia against the 1st Defendant regarding shares procured from YLL through undue influence.
The 2nd Defendant agreed to the Plaintiffs being appointed as members of the Committee provided it comprised the Plaintiffs and himself only.

5. Formal Citations

Wong Sau Kuen and Others v Wong Kai Wah and Another, OS 632/2007, [2008] SGHC 5

6. Timeline

Date	Event
2007-01-01	Originating Summons 632/2007 filed
2008-01-09	Judgment issued

7. Legal Issues

Composition of Committee of Person and Estate
- Outcome: The court determined that the Committee be made up of the 2nd to 5th Plaintiffs and the 2nd Defendant.
- Category: Substantive
- Sub-Issues:
  - Whether independent member ought to be appointed
  - Whether feuding children ought to be appointed

8. Remedies Sought

Appointment as Committee of Person and Estate

9. Cause of Actions

No cause of actions

10. Practice Areas

Estate Management
Guardianship

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Teo Choo Him & Another v Teo Leng Hui	High Court	Yes	[2005] SGHC 97	Singapore	Cited for the principle of sieving and filtering out family conflict to arrive at a reasonable solution for the person whose affairs are being managed.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Mental Disorders and Treatment Act (Cap 178, 1985 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Committee of Person and Estate
Mental Disorders and Treatment Act
Incapacity
Undue influence
Independent member

15.2 Keywords

Mental Disorders and Treatment Act
Committee of Person and Estate
Mental incapacity
Family dispute
Guardianship

17. Areas of Law

Area Name	Relevance Score
Mental Capacity Law	95
Trusts and Estates	30
Trust Law	30

16. Subjects

Mental Health
Estate Management