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HIGH COURT MALAYA KUALA LUMPUR
CHAN TSE YUEN & CO – Appellant
Versus
YAP CHIN GAIK ELAINE & ORS (ENCLS 14 & 22) – Respondent
| Table of Content |
|---|
| 1. defendants shielded by absolute privilege in defamation due to their roles in ongoing legal proceedings. (Para 1 , 6 , 44) |
| 2. protection of solicitors' communication in ongoing litigation (Para 3 , 4) |
| 3. defining issues surrounding defamation and privilege (Para 7 , 10) |
| 4. letters of demand related to ongoing proceedings are protected to support the administration of justice. (Para 8 , 30 , 108) |
| 5. application of absolute privilege in legal claims (Para 61 , 134) |
| 6. limited publication results in potentially insignificant damages, suggesting trial may not be warranted. (Para 62 , 72 , 130) |
[1] The primary issue which arises in this case is whether a solicitors letter of demand which was issued in the course of and which related to on-going legal proceedings or which is a precursor to a new suit against the party targeted in the letter of demand, is protected by absolute privilege and thereby rendering the solicitor and their client (at whose behest the letter was issued), immune from liability for defamation. These are my grounds of judgment in respect of applications by the defendants to strike out the writ and statement of claim dated 15 December 2016, under O 18 r 1
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