1. ) TETUAN ONG, RIC & PARTNERS 2. ) ONG KAH LOK 3. ) TUW MIN RIC 1. ) TETUAN THOMAS SHANKAR RAM & CO. ADVOCATES 2. ) YU YING YING 3. ) SHANKAR RAM POHUMALL ASNANI

1. ) TETUAN ONG, RIC & PARTNERS 2. ) ONG KAH LOK 3. ) TUW MIN RIC 1. ) TETUAN THOMAS SHANKAR RAM & CO. ADVOCATES 2. ) YU YING YING 3. ) SHANKAR RAM POHUMALL ASNANI

The court struck out the Plaintiffs’ Writ and Statement of Claim because the impugned inter-solicitor letter was not prima facie defamatory in its ordinary and contextual meaning; alternatively the letter was protected by absolute privilege as it was ancillary to ongoing judicial and arbitral proceedings; additionally the Statement of Claim failed to particularise alleged non-ordinary meanings in breach of O.78 r.3 ROC 2012; the claim was therefore plainly unsustainable, scandalous, frivolous or vexatious and an abuse of process; accordingly the claim was dismissed with costs and the writ cancelled.

Citation
WA-23NCvC-84-08/2021 (Mahkamah Tinggi)
Parties
Plaintiff (law Firm): Messrs Ong, Ric & Partners; Plaintiff (individual): Ong Kah Lok; Plaintiff (individual): Tuw Min Ric; Defendant (law Firm): Messrs Thomas, Shankar Ram & Co. Advocates; Defendant (individual): Yu Ying Ying; Defendant (individual): Shankar Ram Pohumall Asnani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 July 2022
Case Number
WA-23NCvC-84-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation (libel) Arising From Inter Solicitor Correspondence; Related to Concurrent Court and Arbitral Proceedings / Interlocutory Striking Out Application Under Order 18 R 19 Rules of Court 2012
Outcome
Defendants' striking-out application allowed; Plaintiffs' Statement of Claim struck out and writ cancelled; costs awarded to Defendants
Legal Topics
Strike Out, Absolute Privilege, Qualified/limited Publication, Particulars in Libel Pleadings, Abuse of Process
Source Language
Malay/English
Defamation Civil Procedure Professional Conduct of Lawyers Evidence and Privileges Arbitration Law Strike Out Absolute Privilege Qualified/limited Publication +2 more

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Parties

Messrs Ong, Ric & Partners

Plaintiff (law Firm)

Ong Kah Lok

Plaintiff (individual)

Tuw Min Ric

Plaintiff (individual)

Messrs Thomas, Shankar Ram & Co. Advocates

Defendant (law Firm)

Yu Ying Ying

Defendant (individual)

Shankar Ram Pohumall Asnani

Defendant (individual)

Procedural Posture

Civil Defamation (libel) Arising From Inter Solicitor Correspondence; Related to Concurrent Court and Arbitral Proceedings / Interlocutory Striking Out Application Under Order 18 R 19 Rules of Court 2012

Legal Issues

  1. 1 Whether the words in the 15.07.2021 letter were capable of bearing a defamatory meaning
  2. 2 Whether the Plaintiffs disclosed a reasonable cause of action or whether the claim was scandalous, frivolous or vexatious
  3. 3 Whether the 15.07.2021 inter-solicitor letter was protected by absolute privilege

Ratio Decidendi

The court struck out the Plaintiffs’ Writ and Statement of Claim because the impugned inter-solicitor letter was not prima facie defamatory in its ordinary and contextual meaning; alternatively the letter was protected by absolute privilege as it was ancillary to ongoing judicial and arbitral proceedings; additionally the Statement of Claim failed to particularise alleged non-ordinary meanings in breach of O.78 r.3 ROC 2012; the claim was therefore plainly unsustainable, scandalous, frivolous or vexatious and an abuse of process; accordingly the claim was dismissed with costs and the writ cancelled.

Court Disposition

Defendants' striking-out application allowed; Plaintiffs' Statement of Claim struck out and writ cancelled; costs awarded to Defendants

Orders

  • Statement of Claim struck out pursuant to Order 18 r.19 Rules of Court 2012
  • Writ of Summons cancelled