kingsleadhatThe RM5,000 costs were awarded to SMSL (ie the...

kingsleadhat

The RM5,000 costs were awarded to SMSL (ie the defendants)!

VVG26



It was indeed going to be difficult to get the injunction as I previously stated.

The judge considered on the face of it whether there is infact a case in law - therefore no temporary injunction. It's up to Lynas to prove that defamation has taken place. SMSL pleaded in their defense "fair comment". This means SMSL will have pleaded/claimed that no matter what the comments made by them (ie how outrageous or robust the comments even) the statements are/were not made with ill will, spite, or with the intent to harm Lynas. So it is up to Lynas to prove intent, which they will attempt to do in a full blown case with subpoenaed documents.

The writ of summons is issued when there is likely to be disputed questions of fact which will require pleadings and discoveries.

"Pleadings" are the written and verbal 'arguments' made in court by either side in a case. "Discovery" refers to requesting access to the accumulation of evidence by the opposite side in a case. (as per wiki answers)

This is the basis on which the actual case will be heard.

The defamation case will include any damages being sought. 

ALL IMHO.