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HIGH COURT (KUALA LUMPUR)
SUZANA MUHAMAD SAID, JC
Colin Andrew Pereira – Appellant
Versus
Goh Yi-Kheng – Respondent
| Table of Content |
|---|
| 1. factual basis for libel claim (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contentions from both parties (Para 8 , 9) |
| 3. principles governing striking out applications (Para 12 , 20 , 24 , 32) |
| 4. application of absolute privilege (Para 17 , 19 , 23 , 35) |
| 5. conclusion on striking out (Para 38 , 39) |
GROUNDS OF JUDGMENT
(ENCLOSURE 9)
INTRODUCTION
[1]This is an application by the Defendant to strike out the Plaintiff’s claim (Enclosure 9) under Order 18 rule 19(1)(a), (b) and (d) of the Rules of Court 2012 ( ROC ). The Plaintiff had also filed an application to strike out the Defendant’s defence (Enclosure 11) under Order 18 rule 19(1)(a), (b) and (d) of
BRIEF FACTS
[2]The Plaintiff and Defendant are both lawyers.
[3]The basis for the Plaintiff’s claim is an action for libel against the Defendant, concerning one letter dated 18.12.2020 from Messrs. Kevin & Co., (the legal firm that was representing the Defendant at that time) to Messrs. Valerie Chong & Co (the legal firm that was representing the Plaintiff at that time) (Impugned Letter).
[4]The Plaintiff in his Statement of Claim (SOC) stated that the Impugned Letter contained impugned defamatory words. The impu
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