Barakbah (Malaya) CJ:

The plaintiff in this case was the Minister for Health in the Government of the Federation of Malaya. The first defendant is an advocate and solicitor and a Member of the House of Representatives. The second defendant is a company director. The plaintiff's claim was for damages for libel and slander alleged to have been published by the defendants at the Chinese Assembly Hall in Kuala Lumpur on 11 September 1963.

Hepworth J dismissed the claim and the plaintiff now appeals to this Court against his decision. The first defendant has also filed a cross-appeal but, according to him, his purpose was merely to support the Judge's grounds of judgement.

I shall endeavour to set out the facts of the case as concisely as possible. In 1958, the second defendant had applied to the Pahang Government for a licence to extract bat guano at a place called Kota Gelanggi, Pulau Tawar, in the District of Jerantut in the State of Pahang. The guano was to be sold as fertiliser. In 1959 armed with a letter of introduction, he went to see the Mentri Besar of Pahang in connection with his application. In April 1960 a licence was granted to him, expiring on 31 December 1960