Haidar Mohd Noor JCA:

The appellant (plaintiff) appealed against the orders given on 17 October 1997 by the learned Judicial Commissioner ('JC') (as he then was) in respect of summons-in-chambers dated 20 September 1997 (encl. 69) and summons-inchambers dated 8 October 1997 (encl. 73) (see p. 19 of the appeal record). Both summonses-in-chambers relate to the suit filed by the appellant against the respondent (defendant). The suit is a defamation action and it arose out of a dispute in respect of the vast estate left behind by the respondent's father. In that ensuing dispute allegations have been made by the respondent against the appellant which the latter considers to be defamatory of him.

Both parties are advocates and solicitors of the High Court, Malaya. They are related. The appellant is the brother-in-law of the respondent, that is, his wife is the sister of the respondent.

Before considering encls. 69 and 73 it would be appropriate to set out the background facts leading to the filing of the two summonses-in-chambers.

For ease of reference, hereinafter the appellant is referred to as the plaintiff and the respondent as the defendant.

Background

Pursuant to the p