Abdull Hamid Embong J:

In this application the plaintiff sought an interlocutory injunction pending the disposal of this suit to restrain the defendants from, inter alia, publishing and communicating a proclamation of sale (the Proclamation) set out in the following words:

Proclamation of sale

Between

MBf Finance Berhad Assignee/Lender

And

Ngoi Thiam Woh Assignor/Borrower

NRIC No. 530922-08-5273)

In the exercise of the rights and powers conferred upon the Assignee/Lender under a Loan Agreement Cum Deed of Assignment, both dated 19th November 1994 between the Assignor/Borrower and the said Assignee/Lender, it is hereby proclaimed that the Assignee/Lender with the assistance of the undermentioned Auctioneer:-

WILL SELL BY

PUBLIC AUCTION

On Friday the 23rd day of January, 1998

In the premises at No. 117, 1st Floor

Bangunan Persatuan Melayu

Jalan Macalister, 10400 Pulau Pinang.

The subject property is a hotel suit known as No. 4, on the 5th Floor of Sandy Bay Paradise Hotel, Jalan Tanjung Bungah, Penang.

Particulars of Title

Title: No individual title

Floor Area: 70.14 square metres (755 square feet)

Beneficial Owner: Ngoi Thiam Woh

Encumbrances: Assigned to MBf Finance Berhad.

Location and Description of the property: The subject property is a one bedroom hotel suite within Sandy Bay Paradise Hotel which is located on the north side of Jalan Tanjung Bungah at about 10 kilometres north-west of the City centre and a kilometre east of Tanjung Bungah town. The subject property accommodates a living/dining area, a kitchen, a bedroom, a bath/w.c. and two balconies.

Reserve price:

The property will be sold subject to a reserve price of RM275,000 (Ringgit Malaysia: Two Hundred And Seventy Five Thousand Only).

All intending bidders are required to deposit with the Auctioneer a sum equivalent to 10% of the reserve price by bank draft in favour of Messrs. Maxwell, Kenion, Cowdy & Jones before the auction sale. For further particulars please apply to Messrs. Maxwell, Kenion, Cowdy & Jones at Wisma Makencone, No. 31 Jalan Tun Sambanthan, 30000 Ipoh, Perak Darul Ridzuan Tel 05-2551225 or to the undermentioned Auctioneer.

77-C Jalan Datuk Haji Eusoff, M. Mogan

Damai Complex Licensed Auctioneer

50400 Kuala Lumpur.

Tel: 03-4427528/Atur: 012-3374424 Or

SYARIKAT DAYA MAJU

No. 117, 1st Floor, Bangunan Persatuan Melayu

Jalan Macalister, 10400 Pulau Pinang.

Tel: 04-2287270.

The plaintiff is a businessman and the sole distributor of a wide range of health and skin care products. He was also formerly a member of Parliament and a State Assemblyman. The first defendant (CTOS) is a computer database information company which collates information from newspapers, government gazettes, the registries of businesses and companies etc and stores them into its electronic archive for the information of its customers which include banks. The second defendant, Star Publications Bhd. (Star) is the publisher of a popular daily national tabloid who first published the Proclamation in its newspaper on 9 January 1998. The third defendant (Star Papyrus Printing Sdn. Bhd.) is described as the printer of the Star.

The plaintiff had in May this year filed this suit against the defendants seeking damages for defamation and for the injunctive reliefs. The Proclamation was first published in the Star and that publication was picked up by CTOS and fed into its database for distribution to its customers. Learned counsel for the plaintiff submitted that since the information remained on CTOS's database and that it has a website which can be assessed worldwide, the plaintiff being a businessman with overseas interest would face hardship and be permanently disgraced if the publication of that information is not stopped forthwith. He also submitted that further publication of the information tantamounts to a sub judice act by CTOS since there is now a related defamation suit in the Penang High Court (Penang suit) involving the same parties. Learned counsel also contended tha