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2020 MarsdenLR 2128

HIGH COURT SABAH & SARAWAK KUCHING
GOVERNMENT OF THE STATE OF SARAWAK & ANOR – Appellant
Versus
CHONG CHIENG JEN – Respondent


Petitioner Advocates:Mohd Adzrul Adzlan,Voon Yan Sin ,Respondent Advocate: Michael Kong

JUDGMENT

Christopher Chin Soo Yin JC:

Background

[1] The Plaintiffs filed an action against the Defendant alleging defamation. This suit has proceeded up to the Federal Court on to decide if a State Authority can sue for defamation and which the Federal Court ruled in the affirmative.

[2] The Federal Court further ruled that this matter be reverted to the High Court to determine if the impugned words were indeed defamatory of the Plaintiffs and if so to assess the damages arising therefrom if necessary.

[3] In the meantime the Defendant had sought to amend its statement of defence. The key issue here is that the application to amend was made about seven years from the close of pleadings.

The Application To Be Decided

[4] The Defendant under encl 52 filed a Notice of Application dated 4 March 2020, seeking to amend his defence dated 26 April 2013.

[5] The grounds of the Defendant's application in encl 52 are as follows:

(1) The proposed amendments are necessary for the purpose of determining the real question in controversy between the parties in the action;

(2) That the proposed amendments herein are made bona fide;

(3) The amendments will cause no prejudice or injustice to the Plaintiff;

(4)


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