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2024 MarsdenLR 782

HIGH COURT MALAYA KUALA LUMPUR
COLIN ANDREW PEREIRA – Appellant
Versus
GOH YI-KHENG – Respondent


JUDGMENT

(Enclosure 9)

Suzana Muhamad Said JC:

Introduction

[1] This is an application by the Defendant to strike out the Plaintiff's claim (encl 9) under O 18 r 19(1)(a), (b) and (d) of the Rules of 2012 (ROC). The Plaintiff had also filed an application to strike out the Defendant's defence (encl 11) under O 18 r 19(1)(a), (b) and (d) of ROC. This Court dealt with encl 9 first, because the determination of this encl 9 will determine the entire suit.

Brief Facts

[2] The Plaintiff and Defendant are both lawyers.

[3] The basis for the Plaintiff's claim is an action for libel against the Defendant, concerning one letter dated 18 December 2020 from Messrs. Kevin & Co, (the legal firm that was representing the Defendant at that time) to Messrs. Valerie Chong & Co (the legal firm that was representing the Plaintiff at that time) (Impugned Letter).

[4] The Plaintiff in his Statement of Claim (SOC) stated that the Impugned Letter contained impugned defamatory words. The impugned wordings are:

"Our client states that your client took advantage of our client in your client's office. Our client regrets to have not lodged a police report against your client who portrays himself as a senior lawyer, a

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