ERIC BOON CHUAN KIT [No. K/P: 730809-14-5197] 1. METRONIC GLOBAL BERHAD [No. Syarikat: 632068-V] 2. METRONIC ENGINEERING SDN BHD [No. Syarikat: 125404-M] 3. KOH WAI CHEE [No. K/P: 770112-14-5337]

ERIC BOON CHUAN KIT [No. K/P: 730809-14-5197] 1. METRONIC GLOBAL BERHAD [No. Syarikat: 632068-V] 2. METRONIC ENGINEERING SDN BHD [No. Syarikat: 125404-M] 3. KOH WAI CHEE [No. K/P: 770112-14-5337]

The court held the strike‑out application was without merit because the pleadings disclosed a bona fide cause of action and raised factual issues (publication, defendants' involvement, qualified privilege, and malice/fair comment/justification) that cannot be resolved summarily; those issues require a full trial with viva voce evidence and witness testimony and thus the defendants' Order 18 r.19 application was dismissed.

Citation
WA-23NCVC-19-03/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Eric Boon Chuan Kit; Defendant: Metronic Global Berhad; Defendant: Metronic Engineering Sdn Bhd; Defendant: Koh Wai Chee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 November 2020
Case Number
WA-23NCVC-19-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation / Pre Trial Strike Out Application Under Order 18 R.19 (rules of Court/kkm 2012)
Outcome
Defendants' strike‑out application dismissed
Legal Topics
Qualified Privilege, Malice, Strike Out/summary Dismissal, Disclosure Obligations Under Listing Rules, Fair Comment, Justification
Source Language
Malay/English
Defamation Company Law Employment Law Civil Procedure Qualified Privilege Malice Strike Out/summary Dismissal Disclosure Obligations Under Listing Rules +2 more

Case Brief

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Parties

Eric Boon Chuan Kit

Plaintiff

Metronic Global Berhad

Defendant

Metronic Engineering Sdn Bhd

Defendant

Koh Wai Chee

Defendant

Procedural Posture

Civil Defamation / Pre Trial Strike Out Application Under Order 18 R.19 (rules of Court/kkm 2012)

Legal Issues

  1. 1 Whether pleadings disclose publication and the involvement of each defendant with sufficient particularity
  2. 2 Whether defendants are entitled to qualified privilege under listing rules and statute
  3. 3 Whether malice was pleaded so as to defeat qualified privilege

Ratio Decidendi

The court held the strike‑out application was without merit because the pleadings disclosed a bona fide cause of action and raised factual issues (publication, defendants' involvement, qualified privilege, and malice/fair comment/justification) that cannot be resolved summarily; those issues require a full trial with viva voce evidence and witness testimony and thus the defendants' Order 18 r.19 application was dismissed.

Court Disposition

Defendants' strike‑out application dismissed

Orders

  • Kandungan 8 (defendants' strike‑out application under Order 18 r.19) is dismissed with costs of RM5,000.00 to be paid to the Plaintiff subject to fi alokatur