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2024 MarsdenLR 483

HIGH COURT MALAYA KUALA LUMPUR
APPSMITHS SDN BHD & ANOR – Appellant
Versus
MESSRS GAVIN JAYAPAL & ANOR – Respondent


Petitioner Advocates:Gan Khong Aik,Sara Idylla Isbah,Tong Min Jie ,Respondent Advocate: Harvinder Singh Sidhu Kulwant Singh

JUDGMENT

Roz Mawar Rozain JC:

The Sessions Court's Order

[1] This appeal is against the Sessions Court's decision on 25 August 2023 that allowed the respondents' application for an interim injunction. In essence the order restrains the appellants (and their agents) from further publishing or causing/authorising the publication of the impugned statements until the disposal of the trial. The 1st appellant was the former client of the respondents - the 1st respondent the law firm and the 2nd respondent, its sole proprietor, advocate and solicitor. The impugned statements are contained in an email sent by the 2nd appellant, director of the 1st appellant to the 2nd respondent and one Noorul Haq Zainaldin (another director of the 1st appellant/defendant), copied to Daniel Kenneth Dees (another director of the 1st appellant/ defendant) dated 16 February 2022 (client-solicitor email). The substance of the impugned statements in the client-solicitor email is reproduced herein:

"~

We did retain you for the appeal you recommended, including you ignoring the judge's instruction in order to have him strike the entire case to have this appeal. You did file this appeal without stating liberty to file

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