Choo Kah Sing JCA:

Introduction

[1] This is an appeal filed by Ketua Pengarah Jabatan Penyiaran Malaysia and the Government of Malaysia, who were the defendants at the court below, against the High court judgment dated 17 November 2022 ("the Judgment") in which a judgment was entered against the appellants/defendants.

[2] The reason the judgment was entered against the appellants was because the appellants' defence (and counterclaim) had been struck out for the reason that the appellants had failed to comply with an earlier court order granted on 12 October 2021 ("the Order"). In the Order, para 6 was an unless order ("the Unless Order") which stated as follows:

"(6) that unless the Defendants comply with the Orders made herein, the Defendants' Defence and Counterclaim in this Suit dated 28 February 2019 and filed herein, shall stand struck out without further Order of court and the action herein shall be adjudged in the Plaintiff's favour with the requisite Orders and/or Judgment entered as prayed for by the Plaintiff."

Bahasa version:

"(6) bahawa melainkan jika Defendan-Defendan mematuhi Perintah yang dibuat di sini, Pembelaan dan Tuntutan Balasan Defendan dalam Guaman ini bert