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HIGH COURT SABAH & SARAWAK KOTA KINABALU
MARCEL JUDE M S JOSEPH – Appellant
Versus
SABAH PUBLISHING HOUSE SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's background and defamation claim. (Para 1 , 2 , 3) |
| 2. defendants' motion to strike out the claim. (Para 4 , 5) |
| 3. legal threshold of locus standi for bankrupts. (Para 6 , 7 , 8 , 9) |
| 4. arguments on the validity of sanction. (Para 10 , 11) |
| 5. court's examination of statutory compliance. (Para 12 , 13 , 14 , 15) |
| 6. concerns over retrospective sanctions. (Para 16 , 17 , 18 , 19) |
| 7. finding against plaintiff's standing due to lack of sanction. (Para 21) |
| 8. grounds for striking out the suit. (Para 22) |
Background
[1] The Plaintiff, an undischarged bankrupt, was previously a practising advocate and solicitor in the High Court of Sabah and Sarawak. He was adjudicated as a bankrupt on 19 December 2022.
[2] On 19 February 2024, the 1st Defendant's newspaper, Daily Express has published an article entitled "Action on 13 Sabah Lawyers". An online version was also published on its website on the same day. In the article it was reported that thirteen Sabah lawyers have been suspended from practice since the year 2018. The Plaintiff was named as one of the thirteen.
[3] The Plaintiff sued the 1st Defendant which is the publisher of the newspaper and the
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