Faiza Tamby Chik J:

The respondent/plaintiff has made a claim against the appellant/defendant at the Kuala Lumpur Sessions Court for damages for invasion of privacy rights alleged to have been committed by the appellant against the respondent. The appellant has filed an application pursuant to O. 14 r. 21(1)(a) of the Subordinate Courts Rules 1980 on 4 July 2000 to strike out the respondent's summons and statement of claim dated 2 February 2000 on the basis that the summons and statement of claim discloses no reasonable cause of action against the appellant. The appellant's application was heard by the Kuala Lumpur Sessions Court on 21 June 2001 and was dismissed with costs. This is the appellant's appeal against the whole of the Kuala Lumpur Sessions Court Judge's decision delivered on 21 June 2001 which dismissed the appellant's application with costs.

The background of the case is that on or about 1995, the staffs and agents of the appellant have taken a photograph of a group of kindergarten's pupils (including the respondent at an open area outside the kindergarten ("the said photograph")). The said photograph was said to be published in an advertisement in "The Star"