JUDGMENT

Alice Loke Yee Ching JC:

Introduction

[1] The appellant appeals against the dismissal by the Sessions Court of his application to strike out the claim of the respondent. The Sessions Court also ordered that costs of RM 3,000 to be paid by the appellant. For ease of reference, the appellant and respondent will be referred to as the defendant and plaintiff respectively.

Salient Facts

[2] The claim by the plaintiff against the defendant in the Sessions Court is premised on defamation. The relevant facts giving rise to the instant suit are as hereinafter stated.

[3] The plaintiff was appointed as the Chief Executive Officer ("CEO") of BWFW Medic Sdn Bhd ("BWFW") on 16 October 2020. Prior to the plaintiff's appointment, on or around 1 October 2020, the defendant was informed by the company secretary of BWFW that the company intended to appoint the plaintiff as the CEO.

[4] Upon receipt of this information, the defendant expressed his views in a letter dated 2 October 2020 to the Board of Directors of BWFW. The letter was written by the defendant in his capacity as a shareholder and a director of BWFW. The contents of the letter were alleged to be libellous and are now the subject matt