HIGH COURT MALAYA KUALA LUMPUR
DATO SRI BALA KRISHNAN VELLASAMY & ORS – Appellant
Versus
CITYTEAM MEDIA SDN BHD & ANOR (ENCL 24) – Respondent
Introduction
[1] This is an application by the Plaintiff's to strike out parts of the Defence filed by the Defendants. The application is made under O 18 r 19(1)(b) and/or (d) of the Rules of 2012 ("").
[2] The issue here is whether in a defamation action, a defendant is entitled to plead and lead evidence on matters relating to the conduct, character and reputation of the plaintiff which are extraneous to the defamatory imputations in the relevant impugned publications.
[3] The main action is for defamation and is based on five (5) articles published by the First Defendant, who is the publisher of a Tamil Malar Newspaper known as "Tamil Malar". Besides the printed newspaper, the First Defendant also maintains an internet publication through Facebook, which shall be referred to herein as the Tamil Malar Facebook. The Second Defendant is the Executive Editor, shareholder, director and Managing Director of the First Defendant.
[4] The First Plaintiff and Second Plaintiff are husband and wife respectively and are directors and shareholders of the Third Plaintiff, a company incorporated under the Companies Act 1965. The business of the Third Plaintiff is neatly described
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