JUDGMENT

Ahmad Bache J:

A. Introduction

[1] The applicants who are husband and wife alleged that they were defamed by persons unknown to them because they had used fake Instagram accounts using the defendant's platform.

[2] The applicants wanted to take legal action against them (fake account holders/Defamors). However, they need to make a pre-action discovery on the defendant. Hence, an Originating Summons was filed for the purpose of seeking informations regarding their identities and also documents about them, amongst others. (See encl 1)

[3] Vide encl 6, the applicants had made an ex parte application for the Originating Summons together with the Affidavit in Support of the applicants to be served on the defendant (whose address is in the United States, ie outside jurisdiction) through the local Agent, ie Facebook Malaysia. After hearing submissions by the applicants' counsel, the application was granted.

[4] Vide encl 13 the defendant, Facebook Inc had made an application to set aside the order on the principal ground that Facebook Malaysia was not the agent of the defendant and had never been authorised to accept any documents on behalf of the defendant. The application was disallo