IQBAL FEIRUZ KHAN BIN MOHAMED RAFIK ADRIAN WONG SHIANG HOE

IQBAL FEIRUZ KHAN BIN MOHAMED RAFIK ADRIAN WONG SHIANG HOE

The pleadings, on their face, disclosed no reasonable cause of action because the impugned Facebook postings fell within ordinary inter-party dispute and constituted fair comment without malice; the statements were not prima facie defamatory and the action amounted to an abuse of process, therefore striking out...

Source-derived case information.

Citation
BB-B53F-8-07/2023 (Mahkamah Sesyen)
Parties
Plaintiff/appellant: Iqbal Feiruz Khan bin Mohamed Rafik; Defendant/respondent: Adrian Wong Shiang Hoe
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 December 2023
Case Number
BB-B53F-8-07/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Defamation (writ Saman) / Interlocutory Appeal (strike Out Application)
Outcome
Application by Defendant allowed; Writ and Statement of Claim struck out
Legal Topics
Striking Out (o.18 R.19), Fair Comment, Malice, Publication, Threshold of Defamatory Meaning, Costs
Defamation Civil Procedure Abuse of Process Striking Out (o.18 R.19) Fair Comment Malice Publication Threshold of Defamatory Meaning +1 more

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Parties

Iqbal Feiruz Khan bin Mohamed Rafik

Plaintiff/appellant

Adrian Wong Shiang Hoe

Defendant/respondent

Procedural Posture

Civil Defamation (writ Saman) / Interlocutory Appeal (strike Out Application)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action in defamation
  2. 2 Whether the impugned statements are defamatory in their ordinary and natural meaning
  3. 3 Whether the publications qualify as fair comment or justification

Ratio Decidendi

The pleadings, on their face, disclosed no reasonable cause of action because the impugned Facebook postings fell within ordinary inter-party dispute and constituted fair comment without malice; the statements were not prima facie defamatory and the action amounted to an abuse of process, therefore striking out under O.18 r.19 was appropriate and the writ and statement of claim were dismissed with costs RM4,000.00.

Court Disposition

Application by Defendant allowed; Writ and Statement of Claim struck out

Orders

  • Writ dated 21 July 2023 and Statement of Claim struck out and action dismissed as against the named Defendant
  • Plaintiff to pay costs to Defendant in the sum of RM4,000.00