Abdul Wahab Patail J

The plaintiff Subramaniam a/l Paramasivam, a barrister and solicitor, claims damages against the defendants, Courts Mammoth Bhd and Nicholas Alexander Elphick for defamation. The defendants were the plaintiff’s former clients.

There are three initial elements to an action in defamation. The first is whether the words by their natural and ordinary meaning (see Chong Swee Huat & Anor v Lim Shian Ghee T/AL & G Consultants & Education Services [2009] 3 MLJ 665[2009] 4 CLJ 113 (CA)) or by innuendo ( Rajagopal v Rajan [1972] 1 MLJ 45Luk Kui Lam v Sim Ai Leng [1978] 1 MLJ 214Henry Ong Keng Sem v Patrick Ong King Kok [2008] 7 MLJ 569[2008] 4 CLJ 276; Ismail bin Shamsudin v Abdul Aziz bin Abdan and other suits [2007] 3 MLJ 512[2007] 8 CLJ 65; Kian Lup Construction v Hongkong Bank Malaysia Bhd [2002] 7 MLJ 283[2002] 7 CLJ 32. Only if these elements are established, then it can be said that prima facie the words are defamatory of the plaintiff. Only then would it become necessary to consider the defences and the plaintiff’s answers thereto.

The claim is premised on words or innuendos contained in: (a) the first defendant’s solicitor’s letter of termination dated 17 February