HER CHOR SIONG 1. ) CUSCAPI BERHAD 2. ) ANTHONY GERALD A/L R. VICTOR

HER CHOR SIONG 1. ) CUSCAPI BERHAD 2. ) ANTHONY GERALD A/L R. VICTOR

The 24.9.2018 letter arose from and was ancillary to Suit 339 and is therefore protected by absolute privilege; the plaintiff’s defamation claim disclosed no reasonable cause of action and the suit is struck out; costs awarded to the defendants.

Source-derived case information.

Citation
WA-22NCvC-542-09/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Her Chor Siong; First Defendant: Cuscapi Berhad; Second Defendant: Anthony Gerald a/l Victor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 April 2024
Case Number
WA-22NCvC-542-09/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Defamation / Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012; Judgment on Strike Out Application
Outcome
Plaintiff's suit struck out for disclosing no reasonable cause of action
Legal Topics
Absolute Privilege, Qualified Privilege, Abuse of Court Process, Costs
Defamation Civil Procedure Evidence Administrative/criminal Procedure Absolute Privilege Qualified Privilege Abuse of Court Process Costs

Source-derived case record

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Parties

Her Chor Siong

Plaintiff

Cuscapi Berhad

First Defendant

Anthony Gerald a/l Victor

Second Defendant

Procedural Posture

Civil Suit Defamation / Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012; Judgment on Strike Out Application

Legal Issues

  1. 1 Whether the 24.9.2018 letter is protected by absolute privilege
  2. 2 Whether the letter arose from or was ancillary to judicial proceedings (Suit 339)
  3. 3 Whether qualified privilege applies if absolute privilege does not

Ratio Decidendi

The 24.9.2018 letter arose from and was ancillary to Suit 339 and is therefore protected by absolute privilege; the plaintiff’s defamation claim disclosed no reasonable cause of action and the suit is struck out; costs awarded to the defendants.

Court Disposition

Plaintiff's suit struck out for disclosing no reasonable cause of action

Orders

  • Strike out the plaintiff's suit under Order 18 Rule 19 Rules of Court 2012
  • Costs awarded to each Defendant in the sum of RM10,000