Arifin Zakaria J:

[1] The plaintiff at all material times is the Minister of Transport in the Government of Malaysia. He is the elected member of Parliament for Labis Parliamentary constituency. He is also the President of the Malaysian Chinese Association ("MCA"); a political party, which is a component of the Barisan Nasional, the ruling party in this country since independence. The defendant is at all material times an advocate and solicitor practising under the name of Krish Maniam & Co

[2] The defendant claims that at all material times he was acting for and representing one Dato' Soh Chee Wen ("the client").

[3] The claim herein arose out of the letter dated 13 June 2000 ("the said letter") written by the defendant addressed to the plaintiff. The contents of the letter were published in various newspapers in the country on 14 June 2000. It is not in dispute that the day in question was a public holiday and one day prior to the delegates conference of the MCA.

Application For Particulars

(a) the amended statement of claim;

(b) the re amended defence; and

(c) the plaintiff's reply;

The Principles Governing Particulars

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The function of particulars is accordingly:

(1)to inform the other side of the nature of the case that they have to meet as distinguished from the mode in which that case is to be proved (per Lindley LJ in Duke v. Wisden [1897] 77 LT 67, p 68 per Buckley LL in Young & Co v. Scottish Union & Co [1907] 24 TLR 73 pf 74, Aga Khan v. Times Publishing Co [1924] 1 KB 675, p 679);

(2)to prevent the other side from being taken by surprise at the trial (per Cotton LJ in Spedding v. Fitzpatrick [1888] 38 Ch D 410, p 413. Thomson v. Birkley [1882] 31 WR 230;

(3)to enable the other side to know with what evidence they ought to be prepared and to prepare for trial (per Cotton LJ ibid; per Jessel MR in Thorp v. Holdsworth [1876] 3 Ch D 637, p 639; Elkington v. London Association for the Protection of Trade [1911] 27 TLR 329 p 330);

(4)to limit the generality of the pleadings (per Thesiger LJ Saunders v. Jones [1877] 7 Ch D 435) or of the claim or the evidence (Milbank v. Milbank [1900] 1 Ch 3 76, p 385);

(5)to limit and define the issues to be tried, and as to which discovery is required (Yorkshire Provident Life Assurance Co v. Gilbert [1895] 2 QB 148; per Vaughan Williams LJ in Milbank v. Milbank [1900] 1 Ch 376; 385);

(6)to tie the hands of the party so that he cannot without leave go into any matters not included (per Brett LJ in Philipps v. Philipps [1878] 4 QBD 127, p 113; Woolley v. Broad [1892] 2 QB 317) seen. "All material facts" para 18/7/10: and Wooley v. Broad [1892] 2 QB 317). But if the opponent omits to ask for particulars, evidence may be given which supports any material allegation in the pleadings (Dean of Chester v. Smelting Corp [1902] WN 5; Hewson v. Cleeve [1904] 2 Ir R 536).

[7] Guided by the above principles I shall now proceed to consider the applications before me.

The Plaintiff's Application (Enclosure 20)

[8] The plaintiff applies