Gopal Sri Ram JCA:

The Background

[1] This appeal raises an important point of practice and procedure in the context of the doctrine of immunity from suit. The matter arose in this way.

[2] There is a magazine called "International Commercial Litigation". Though published in the United Kingdom, it has worldwide circulation. There appeared in the November issue of this magazine an article about our justice system. It was headed"Malaysian justice on trial". One David Samuels authored it. The article carried references to certain cases that had been dealt with by the courts of this country. Among these cases was one in which the plaintiffs (respondents in the appeal) were concerned. The article also reproduced, in direct quotes, words spoken by the defendant (the appellant in this appeal).

[3] The plaintiffs took umbrage over the words published by the defendant. They formed the view that the defendant had injured their reputation. They issued writ for defamation. The defendant took advantage of the provisions of O 12 r 7 of the Rules of the High 1980 ('the Rules'). He entered conditional appearance with leave of Court. Then, within the time limited by that rule, he took out a su