10 May 2024
1. ) SATHISH KUMAR AYYASWAMY 2. ) NARESH NAIR A/L SURASAN PEERAN SYED MOHAMED SYED MAHABOOB
- Citation
- J-02(IM)(NCvC)-954-06/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- J-02(IM)(NCvC)-954-06/2023 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal and set aside the High Court striking out order because on the face of the SOC the Appellants had pleaded the three elements of defamation (the words, reference to the Appellants and publication to a specific group). The High Court erred by considering merits and requiring the naming of individual members of the group; strike out under Order 18 r.19(1)(a) was inappropriate absent a plainly and obviously unsustainable cause of action.