RK Nathan J:

This is an application (encl. 96) by the plaintiff to consolidate this action (the S2 suit) with Kuala Lumpur High Court Originating Summons S5-23-08-97 (the S5 suit) and for both to be heard together. This is also my third judgment in respect of this case. The two being reported in [1998] 5 MLJ 523 and 530.

Facts

The plaintiff, an advocate and solicitor, filed this action for defamation against the defendant, also an advocate and solicitor, and also his sister-in-law.

The cause of action in the S5 suit arose in this manner. When the S2 suit was served on the defendant the defendant whilst acknowledging receipt of the said writ, also wrote on the reverse side of the sealed copy of the S2 writ the following words:

Segeram,

I am not your enemy but your friend. I have not read your summons, it is most unfair for you to chase harass me continuously since London days in 1960's - that time you wrote to complain about me going out with white boys to my parents and now you keep chasing me.

It is the plaintiff's case that by writing the above words and by dictating aloud these words to her staff and to the plaintiff's solicitor's clerk she had published words of s