Statements made during judicial proceedings are protected by absolute privilege, providing a complete defense against defamation claims, while communications made bona fide in legal contexts may invoke qualified privilege.

Eddie Yeo Soon Chye JC:

(Enclosure 25: Striking Out Of The Plaintiff's Claim Against The 1st Defendant)

Introduction

[1] This is an application by the 1st Defendant pursuant to O 18 r 19(1)(a), (b), (c) and/or (d) of the Rules of Court (" ROC "‌) 2012 and/or the inherent jurisdiction of this Court pursuant to O 92 r 4 of the 2012 for an Order that:

a) the Plaintiff's endorsement to the Writ dated 28 December 2021 and the Statement of Claim dated 28 December 2021 against the 1st Defendant be struck out;

b) costs of this application and the action herein be paid by the Plaintiff to the 1st Defendant on an indemnity basis; and

c) any and/or such other reliefs and/or orders deemed fit and/or suitable by this Honourable Court.

[2] The Plaintiff's claim herein against the 1st Defendant:

(i) does not disclose any reasonable cause of action and/or does not contain sufficient particulars to constitute a cause of action;

(ii) is scandalous, frivolous or vexatious;

(iii) will prejudice, embarrass or delay a fair trial of the matter; and/or

(iv) is an abuse of the process of the Court.

[3] This application was heard together with the Notice of Application by the 2nd Defendant to strike out the Plaintiff's claims in Encl 26 pursuant to O 34 r 2(2)(t) & (u) ROC 2012.

[4] The grounds in support of the application herein are set out in the Affidavit in Support affirmed by HANNAH KAM ZHEN YI filed on 24 March 2022 (Encl 24) and is to be read together in support of the application herein.

[5] The cause papers filed in relation to Encl 25 are as follows:

a) 1st Defendant's Affidavit in Support (Encl 24) and Reply Affidavit (Encl 46);

b) Plaintiff's Affidavit in Reply (Encl 34);

c) Notis Niat Menggunakan Afidavit (Encl 47 and 70);

d) Plaintiff's Written Submissions, Submissions in Reply and Bundle of Authorities (Encl 66, 67 and 164); and

e) 1st Defendant's Written Submissions and Bundle of Authorities (Encl 71, 72 and 73).

Brief Facts

[6] The Plaintiff, Tan Sri Dato' Kam Woon Wah, a respected lawyer, former Member of Parliament, and former Secretary-General of the Malaysian Chinese Association (MCA), who is no longer in active legal practice but remains a prominent businessman.

[7] The 1st Defendant, Hannah Kam Zhen Yi is the Plaintiff's granddaughter, who has been disowned by him. There are ongoing legal proceedings between the Plaintiff and the 1st Defendant.

[8] The 2nd Defendant is a legal firm. The 2nd Defendant was 1st Defendant's previous solicitors in a separate Court proceeding vide Kuala Lumpur High Court Civil Suit No: WA-22NCvC-140-03/2018 [Tan Sri Dato Kam Woon Wah v. Hannah Kam Zhen Yi & Anor [2021] MLRHU 2375] ("Suit 140"‌).

[9] The details in respect of Suit 140 are as follows:

(a) Suit 140 represents a suit initiated by the Plaintiff against the 1st Defendant and Ong Yue Guan, filed on 21 March 2018.

(b) Proceedings for Suit 140 concluded and decision was given on 26 May 2023 in favour of the Plaintiff.

(c) The solicitors acting for the Plaintiff was Messrs. Y.C. Wong.

(d) The subject matter of Suit 140 and this alleged defamation claim filed on 28 December 2021 are separate and distinct from each other.

(e) However, the Plaintiff's defamation claim arises from a sole letter issued by the 2nd Defendant dated 9 December 2021 (Encl 27 p 56 - 62) in respect of Suit 140.

Submissions Of 1st Defendant

Issue 1: No Reasonable Cause Of Action

Absolute Privilege

[10] The 1st Defendant submits that even if the words complained of meant and/or capable of conveying the meaning as alleged in para 5 of the Statement of Claim (Encl 2), the words complained of were published on an occasion of absolute privilege.

Qualified Privilege

[11] The 1st Defendant submits that the said letter dated 9 December 2021 was published on an occasion of qualified privilege.

Issue 2: Scandalous, Frivolous And Vexatious And Will Prejudice, Embarrass Or Delay A Fair Trial

[12] The term "کfrivolous or vexatious' generally refer to a groundless action with no prospect of success, often rai