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HIGH COURT MALAYA KUALA LUMPUR
TAN SRI DATO KAM WOON WAH – Appellant
Versus
HANNAH KAM ZHEN YI & ANOR – Respondent
| Table of Content |
|---|
| 1. application for striking out claim. (Para 1 , 2 , 3 , 4 , 5) |
| 2. background of parties and related suits. (Para 6 , 7 , 8 , 9) |
| 3. defendant's arguments on cause of action. (Para 10 , 11 , 12 , 13) |
| 4. plaintiff argues status of claim as sustainable. (Para 15 , 16 , 17 , 18) |
| 5. principles of privilege in defamation. (Para 19 , 20) |
| 6. defendant's letter protected by privilege. (Para 21 , 22 , 23) |
| 7. analysis on absolute and qualified privilege. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 8. judicial consideration of submissions. (Para 31) |
| 9. conclusion and order of the court. (Para 32) |
(Enclosure 25: Striking Out Of The Plaintiff's Claim Against The 1st Defendant)
Introduction
[1] This is an application by the 1st Defendant pursuant to O 18 r 19(1)(a), (b), (c) and/or (d) of the Rules of Court (" ROC ") 2012 and/or the inherent jurisdiction of this Court pursuant to O 92 r 4 of the 2012 for an Order that:
a) the Plaintiff's endorsement to the Writ dated 28 December 2021 and the Statement of Claim dated 28 December 2021 against the 1st Defendant be struck out;
b) costs of this application and the action herein be paid by the Plaintiff to the 1st Defendant o
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