The court ruled that a bankrupt defendant requires sanction from the Department of Insolvency to appoint legal representation, affecting compliance with court deadlines for filing a defense.

Aliza Sulaiman J:

Introduction

[1] On 29 November 2024, the Court heard two applications by the Plaintiff, namely:

(a) to amend the ex-parte Order dated 11 March 2024 for an interlocutory injunction (encl 43); and

(b) for interlocutory judgment in default of Defence ('JIDD', encl 21).

[2] I had considered the cause papers and submissions of the parties and decided to dismiss both applications. The Plaintiff is dissatisfied with my decision in respect of encl 21 and has filed a Notice of Appeal.

[3] My reasons for dismissing the application in encl 21 are elaborated below.

The Cause Papers

[4] The cause papers are as follows:

(a) Notice of Application ('NoA') dated 8 May 2024 (encl 21);

(b) the Plaintiff's Affidavit In Support ('AIS') affirmed on 6 May 2024 (encl 22);

(c) the Defendant's Affidavit In Reply ('AIR') affirmed on 24 May 2024 (encl 29); and

(d) the Plaintiff's AIR affirmed on 20 June 2024 (encl 41).

Salient Background Facts

[5] The Plaintiff is a citizen of the Republic of Singapore with a residential address at Apt Block 8, Marsiling Drive # 10-30, Singapore 730008. The Plaintiff is an online influencer, comedy actor and singer who carries out business on online platforms and social medias under the account name "Wang Lei at the link "https://www.facebook.com/wanglei.singapore" and on Instagram under the account name "@lei.wang". He is also known as "Charity Artist" Wang Lei.

[6] The Defendant is a Malaysian with his last known address at No 20, Lorong 49, Taman Machang Bubok, 14000 Bukit Mertajam, Pulau Pinang. The Defendant is the owner of several Facebook ('FB') Accounts, namely:

[7] The Defendant is a bankrupt and the Plaintiff has obtained leave from the High Court in Malaya at Georgetown, Pulau Pinang on 18 January 2024 to commence this action against the Defendant.

[8] The Plaintiff alleged that the Defendant had, on 6 November 2023, 29 November 2023, 6 December 2023 and 19 January 2024, published or caused to be published video and postings in his FB Accounts which are defamatory to the Plaintiff ('Defamatory Statements'). The Defamatory Statements, in its ordinary meaning can be understood to mean that the Plaintiff is among others, a liar, porn artist, an immoral and indecent person, a criminal, a womaniser, a thug, a bully, from the LGBT community and has bribed the Malaysian Police and Immigration Departments.

[9] The Plaintiff further alleged that the Defamatory Statements which had been accessed, viewed, liked and shared by the public and FB account users have caused the Plaintiff to suffer damage and losses, financially and emotionally.

[10] The Plaintiff is seeking for an injunction to restrain the Defendant from continuous publication of the Defamatory Statements, an injunction for the deletion of the publications, an apology via FB and damages.

Findings Of The Court

- Plaintiff's Preliminary Objection ('PO')

[11] The Plaintiff raised a PO against the Defendant for late filing and service of his Written Submissions (encl 57). The Plaintiff submitted that the parties were directed by the Deputy Registrar ('DR') to file the written submissions on or before 18 July 2024, however the Defendant filed encl 57 only on 23 July 2024, without seeking an extension of time from the Court.

[12] I decided to allow the PO as, prior to my transfer to this Court (NCvC2) on 2 September 2024, occurrences of the parties flouting the directions of the Court on timelines, and proceeding to file cause papers and written submissions beyond the dates which had been set without first seeking leave from the Court, are rampant. Such conduct must not be condoned.

[13] Therefore, in arriving at my decision for encl 21, I considered the NoA, AIS, AIRs, the Plaintiff's Written Submissions (encls 53 and 65) and the Notes of Proceedings ('NoP').

- Application For a JIDD

[14] The Plaintiff's application was made pursuant to O 19, r 7 and O 92, r 4 of the Rules of Court 2012 ('RC 2012') and/ or the inherent jurisdiction of the Court.

[15] O 19, r 7(1)