TAN SRI DATO’ SERI HALIM BIN MOHAMMAD v SYED AHMAD BIN TUN (DR) SYED NASIR, SHARIFAH RUGAYAH BINTI AHMAD ALSAGOFF (MJLR2009a17) Zabariah Yusof,Malaya
IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR
IN WILAYAH PERSEKUTUAN
CIVIL SUIT NO. : S3-23-97-2007
BETWEEN
TAN SRI DATO’ SERI HALIM BIN MOHAMMAD ...PLAINTIF
AND
1. SYED AHMAD BIN TUN (DR) SYED NASIR
2. SHARIFAH RUGAYAH BINTI
AHMAD ALSAGOFF ...DEFENDAN
GROUNDS OF JUDGMENT
This is an application by the Defendants to strike out the Plaintiff’s
Statement of Claim under 0 18 r 19 (1) (a) RHC 1980.
Since the application of striking out is being made under paragraph
(1) (a), no affidavit evidence is necessary. The court will just look at
the Statement of Claim to determine whether the Plaintiff had a cause
of action against the defendants.
The Plaintiff’s cause of action arises from the words or statements
contained in the statement of claim filed by the Defendants against
the Plaintiff in the case of Kuala Lumpur High Court (Civil Division)
Suit No S3-22-604-2007.
It is trite and settled law that statements made in the course of judicial
or quasi judicial proceedings are considered to be occasions of
absolute privilege. (Refer to Wong Cham Mew v Hong Leong
Finance Bhd [1998] 2 MLJ 195) The principle is also extended to
statements contained in affidavits. (refer to Faridah Begum bt
Abdullah v Sultan Haji Ahmad Shah Al Mustain Billah Ibni
Almarhum Sultan Abu Bakar Ri’ayatuddin Al Mu’Adzam Shah
[1969] 1 MLJ 617).
A wider interpretation of occasions of absolute privilege is given in the
case of Lincolns v Daniels [1962] 1 QB 237 where it refers to the
second categories of absolute privilege where it covers everything
from the “inception of the proceedings onwards and extends to all
pleadings and other documents brought into existence for the
purpose of the proceedings and starting with the writ or other
documents which institutes the proceedings.”
Therefore, this would include a Writ and Statement of Claim which
has been filed but not sealed yet. However it is in the normal course
of events that a Writ and Statement of Claim would be subsequently
sealed after it is filed with the court’s registry. Hence once it is filed
the statements therein is covered by absolute privilege.
From the above, the Plaintiff does not have a cause of action against
the Defendant. The application by the Defendant in Enclosure 8 is
allowed with costs.
Datin Zabariah Mohd Yusof
Tarikh 10.7.2009
Bagi Pihak Plaintiff : Encik Joseph Yeo
Tetuan Joseph Yeo
Bagi Pihak Defendant : Tetuan Azian & Co.
IN WILAYAH PERSEKUTUAN
CIVIL SUIT NO. : S3-23-97-2007
BETWEEN
TAN SRI DATO’ SERI HALIM BIN MOHAMMAD ...PLAINTIF
AND
1. SYED AHMAD BIN TUN (DR) SYED NASIR
2. SHARIFAH RUGAYAH BINTI
AHMAD ALSAGOFF ...DEFENDAN
GROUNDS OF JUDGMENT
This is an application by the Defendants to strike out the Plaintiff’s
Statement of Claim under 0 18 r 19 (1) (a) RHC 1980.
Since the application of striking out is being made under paragraph
(1) (a), no affidavit evidence is necessary. The court will just look at
the Statement of Claim to determine whether the Plaintiff had a cause
of action against the defendants.
The Plaintiff’s cause of action arises from the words or statements
contained in the statement of claim filed by the Defendants against
the Plaintiff in the case of Kuala Lumpur High Court (Civil Division)
Suit No S3-22-604-2007.
It is trite and settled law that statements made in the course of judicial
or quasi judicial proceedings are considered to be occasions of
absolute privilege. (Refer to Wong Cham Mew v Hong Leong
Finance Bhd [1998] 2 MLJ 195) The principle is also extended to
statements contained in affidavits. (refer to Faridah Begum bt
Abdullah v Sultan Haji Ahmad Shah Al Mustain Billah Ibni
Almarhum Sultan Abu Bakar Ri’ayatuddin Al Mu’Adzam Shah
[1969] 1 MLJ 617).
A wider interpretation of occasions of absolute privilege is given in the
case of Lincolns v Daniels [1962] 1 QB 237 where it refers to the
second categories of absolute privilege where it covers everything
from the “inception of the proceedings onwards and extends to all
pleadings and other documents brought into existence for the
purpose of the proceedings and starting with the writ or other
documents which institutes the proceedings.”
Therefore, this would include a Writ and Statement of Claim which
has been filed but not sealed yet. However it is in the normal course
of events that a Writ and Statement of Claim would be subsequently
sealed after it is filed with the court’s registry. Hence once it is filed
the statements therein is covered by absolute privilege.
From the above, the Plaintiff does not have a cause of action against
the Defendant. The application by the Defendant in Enclosure 8 is
allowed with costs.
Datin Zabariah Mohd Yusof
Tarikh 10.7.2009
Bagi Pihak Plaintiff : Encik Joseph Yeo
Tetuan Joseph Yeo
Bagi Pihak Defendant : Tetuan Azian & Co.
