Hashim Hamzah JCA:

Introduction

[1] For ease of reference, the parties to the present appeal shall be referred to as they were in the Sessions Court.

[2] The Plaintiff was a former employee of the 2nd Defendant, a local authority established under s 3 of the Local Government Act 1976 by the Penang State Authority. The 1st Defendant was an accountant with the 2nd Defendant's Finance Department. The Plaintiff retired from service on 19 April 2020.

[3] On 8 December 2020, which was a few months after he retired from service, the Plaintiff filed an action in the Sessions Court against the Defendants, claiming, among other things, that the Defendants had defamed him. The Plaintiff's cause of action against the Defendants was based on a letter issued by the 1st Defendant on 7 February 2019 in which a surcharge action for the loss of Government's movable assets was taken against the Plaintiff. A sum of RM429.68 was deducted in five equal amounts from his monthly salary, ie from February 2019 until June 2019. In his claim, the Plaintiff also sought the refund of the deducted salaries.

[4] On 23 August 2021, the Defendants filed an application to strike out the Plaintiff's writ and state