[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice A Samah Nordin has since retired.

[2] In this judgment, the parties will be referred to as they were in the proceedings in the High Court.

[3] This case concerns the defendant's appeal against the majority decision of the Court of Appeal on 7 April 2016, reversing the decision of the High Court Kuching which had, on 28 April 2014, dismissed the plaintiffs' claim for libel against the defendant.

[4] The leave to appeal to this Court was granted on the following questions:

(1) Whether the Government Proceedings Act 1956 (Act 359), and in particular s 3 therein, precludes the principle in Derbyshire County Council v. Times Newspaper Ltd & Ors [1993] AC 534 ("Derbyshire") to be extended to the Government of Sarawak?

(2) Whether s 3(1)(c) of the Civil Law Act 1956 (Act 67) precludes the principle in Derbyshire to be extended to the Government?

(3) Whether a party (having pleaded various causes of action, issues or defences, as the case may be), who makes an application under O 14A of the Rules of 2012 ("ROC") to determine one or more of the issues (but not all) pleaded