TAN SRI DATUK ROBERT PHANG VS CHAN TSE YUEN

14^th July 2015.

PRESS STATEMENT BY:-

TAN SRI DATUK ROBERT PHANG MIOW SIN

JUSTICE OF THE PEACE

CHAIRMAN - SOCIAL CARE FOUNDATION 

Write up on hearing dated 6.7.2015 btw TSRP v CTY

Tan Sri Datuk Robert Phang Miow Sin (TSRP) sued Chan Tse Yuen (CTY) for a defamatory article published by CTY in his blog.

The writ summons and statement of claim were served on CTY. However in an attempt to avoid hearing the matter on merits, CTY applied to court for the following:

1. To set aside the service of the Writ Summons and Statement of claim; and
2.To strike out the Writ and Statement of claim on the basis that TSRP is a 'non persona' as the title Tan Sri Datuk (attributed to TSRP by the Federal Government) is not included in TSRP's NRIC.
3. To strike out the Writ and Statement of Claim on the basis that the name Robert renders TSRP a non persona as it does not exist in TSRP's  NRIC.

TSRP on the other hand, simultaneously applied to court to amend the writ and statement of claim to remove the name Robert from the writ and Statement of Claim but argued that the title Tan Sri Datuk should remain.

Court held:
That CTY's application is only a preliminary objection and does not affect the merit of the case as CTY never objected to the publication of the purported defamatory article.  Hence, the honourable court allowed TSRP's application to amend the Writ and Statement of claim to remove the name Robert but the title Tan Sri Datuk to remain as it is.

However the court dismissed CTY's application to strike out the writ and Statement of claim and ordered the matter to proceed to trial to hear the matter on merits.

“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, AND THE MEEK WILL RULE THE WORLD”.

Tan Sri Datuk Robert Phang

Justice of Peace