JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] The appellant who was the 1st defendant in the High Court was found liable for defaming the respondents. The 2nd defendant did not defend the action and judgment in default was entered against him. The alleged defamatory statement was published in a statement of defence filed by the appellant in another suit; a negligence suit brought by the respondents. The main issue in the Court below and before us is whether the appellant can avail the defence of absolute privilege as the defamation was published in the course of Court proceedings in the statement of defence.

Background Facts

[2] The 1st respondent is a businesswoman. The 2nd respondent is a senior lawyer. The appellant runs a hotel in Ipoh. The 2nd defendant is an individual who apparently claimed to be the husband of the 1st respondent. This fact was disputed by the 1st respondent. The detailed factual background need not detain us long as it is apparent that the big question that arises in this appeal is a question of law about the defence of absolute privilege. It suffices if we summarise what happened in the hotel that involved the respondents and the 2nd defendant.

[3] On 17