LIM LIP ENG Ong Ka Chuan

LIM LIP ENG Ong Ka Chuan

A political party constituted as an unincorporated society does not have the requisite separate reputation or cause of action to maintain a suit for defamation; section 9 of the Societies Act does not create a distinct reputational right and, applying the public interest rationale underlying Derbyshire and its extensions, a political party cannot sue for defamation. Consequently the political party's claim is unsustainable and the suit is struck out.

Citation
02(i)-25-03/2020(W) (Mahkamah Persekutuan)
Parties
Appellant: Lim Lip Eng; Respondent (public Officer of Malaysia Chinese Association): Ong Ka Chuan
Court
i
Jurisdiction
Malaysia
Judgment Date
4 March 2021
Case Number
02(i)-25-03/2020(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal / Appeal to Federal Court on Leave Question; Grounds of Judgment and Decision Delivered
Outcome
Appeal allowed; decisions of the High Court and Court of Appeal set aside; suit struck out
Legal Topics
Locus Standi, Cause of Action, Derbyshire Principle, Freedom of Speech Vs Defamation, Societies Act S9, Government Proceedings Act S3, Civil Law Act S8
Source Language
Malay/English
Defamation Constitutional Law Civil Procedure Statutory Interpretation Societies Law Locus Standi Cause of Action Derbyshire Principle +4 more

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Parties

Lim Lip Eng

Appellant

Ong Ka Chuan

Respondent (public Officer of Malaysia Chinese Association)

Procedural Posture

Civil Appeal / Appeal to Federal Court on Leave Question; Grounds of Judgment and Decision Delivered

Legal Issues

  1. 1 Whether a political party/society can maintain an action for defamation
  2. 2 Whether an unincorporated society has the requisite separate reputation to found a cause of action in defamation
  3. 3 Applicability of the Derbyshire principle and related authorities in Malaysia

Ratio Decidendi

A political party constituted as an unincorporated society does not have the requisite separate reputation or cause of action to maintain a suit for defamation; section 9 of the Societies Act does not create a distinct reputational right and, applying the public interest rationale underlying Derbyshire and its extensions, a political party cannot sue for defamation. Consequently the political party's claim is unsustainable and the suit is struck out.

Court Disposition

Appeal allowed; decisions of the High Court and Court of Appeal set aside; suit struck out

Orders

  • Enclosure 6 allowed
  • The writ/claim by the respondent (for and on behalf of MCA) is struck out