Chong Chieng Jen v Government of State of Sarawak & Anor

01f-39-12-2016q Federal Court (Mahkamah Persekutuan) 25 September 2018 • 01(f)-39-12/2016(Q)

Catchwords

Civil Procedure - Government Proceedings - Statutory right - Cause of Action - Right of the Government to sue - Written Law - Application of common law of England and the rules of equity together with statues general application - Whether s3 of the Government Proceedings Act 1956 and s3(1) of the Civil Law Act 1956 precludes the principle in Derbyshire Country Council v. Times Newspaper Ltd & Ors [1993] AC 534 to be extended to the Government of Sarawak - Civil Law Act 1958 ss3 Civil Procedure - Libel - Defamatory words - Defamatory meaning - Constructions of the words published - Whether the words complained of are capable of bearing defamatory meaning - Question of Law - Whether the right of party under Order 14A of the Rules of Court 2012 is deemed to have elected to have abandoned all other causes of action, issues or defences pleaded by party - Whether litigant applying for O 14A procedure to be wary to include in application all questions of law that could determine rights of parties — Rules of Court 2012 O 14A

Practice Areas

Civil Procedure Defamation

Judges (5)

Abu Samah bin Nordin Coram Ahmad bin Haji Maarop Delivered Azahar bin Mohamed Coram Hasan bin Lah Coram Wira Aziah binti Ali Coram

Parties (2)

Government of State of Sarawak & Anor Respondent Chong Chieng Jen Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01f-39-12-2016q)