I SYNERGY INTERNATIONAL (M) SDN BHD (No. Syarikat: 201301031032765) (1062594-W) MUHAMMAD ASRAB BIN HASAN (No. K/P: 931023-10-5373

I SYNERGY INTERNATIONAL (M) SDN BHD (No. Syarikat: 201301031032765) (1062594-W) MUHAMMAD ASRAB BIN HASAN (No. K/P: 931023-10-5373

Appeal dismissed because the pleadings and annexed material failed to establish that the impugned words, as published, referred to the plaintiff; without proof that the words related to the plaintiff there was no reasonable cause of action in defamation and the Sessions Court strike‑out under Order 18 r 19 was correctly made.

Citation
WA-12ACY-1-02/2021 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: I Synergy International (M) Sdn Bhd; Respondent / Defendant: Muhammad Asrab bin Hasan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 October 2021
Case Number
WA-12ACY-1-02/2021 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Strike‑out of Defamation Claim Under Order 18 R 19 Rules of Court / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Strike Out Under Order 18 R 19, Locus Standi, Cause of Action, Publication on Social Media, Appellate Intervention
Source Language
Malay/English
Defamation Civil Procedure Media Law Strike Out Under Order 18 R 19 Locus Standi Cause of Action Publication on Social Media Appellate Intervention

Case Brief

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Parties

I Synergy International (M) Sdn Bhd

Appellant / Plaintiff

Muhammad Asrab bin Hasan

Respondent / Defendant

Procedural Posture

Appeal Against Strike‑out of Defamation Claim Under Order 18 R 19 Rules of Court / Appeal Decision

Legal Issues

  1. 1 Whether the impugned words are defamatory
  2. 2 Whether the words referred to the plaintiff
  3. 3 Whether the words were published by the defendant

Ratio Decidendi

Appeal dismissed because the pleadings and annexed material failed to establish that the impugned words, as published, referred to the plaintiff; without proof that the words related to the plaintiff there was no reasonable cause of action in defamation and the Sessions Court strike‑out under Order 18 r 19 was correctly made.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM3,500.00 to respondent, subject to alokatur