JUDGMENT

Mohd Hishamudin J:

[1] This is an appeal by the defendant against the decision of the learned Senior Assistant Registrar, High Court, Shah Alam, given on 23 June 1998 dismissing the defendant's application to strike out the plaintiff's statement of claim pursuant to O 18 r 19(1)(b), (c) and (d) of the Rules of the High 1980.

[2] In March 1997, the plaintiff filed a suit against the defendant for defamation. Paragraphs 3 to 9 of the statement of claim states:

(3) On or about 24 September 1996, the defendant falsely and maliciously wrote and published or cause to be written and published words contained in a type written undated draft statutory declaration drafted by the defendant which is defamatory of the plaintiff.

'Paragraph 4 - After the judgment, I, together with Hamzah bin Salas and another ('the parties') then negotiated with M/s SB Cheah & Associates to act for Taipan Pacific Capital Sdn Bhd ('Taipan') to facilitate our negotiations with certain parties to sell the land.

Paragraph 5 - On 20 November 1995, Taipan lodged a private caveat vide Presentation No 39498 Jilid 80 Folio 120 ('the caveat') to disrupt the transfer of the land to Rawang Hills Resort Sdn Bhd ('RHR').

P