Screenshots

Rocky informed the KL High Court today that he has decided to withdraw his earlier application to strike out the defamation suit by The NSTP and 4 Others against him.

The notice for the withdrawal, with a pleading for no order as to costs, was made on his behalf by barrister Edmund Bon of Messrs. Chooi & Co.

Rocky's basis for the withdrawal was that the plaintiffs had since amended their Statements of Claims, which was served on his lawyers in mid February (see documents here).

As such, pleaded Rocky, he could no longer proceed with the application to strike out the original claims against him, which were filed by the plaintiff on January 4, sealed on January 11, and served on him on January 16. Defence lawyers had called the original claims 'fatally deficient' when the case was brought up for mention on February 22.

'No order for costs'

However, the plaintiffs' lawyers insisted on claiming costs on the defendant for his withdrawal application. This was argued in chambers before Justice Hishamuddin Yunus this morning.

Subsequently, the Court decided that there shall be no order as to costs on the withdrawal.

Rocky's lawyer had argued that his client (Rocky) has applied to strike out the case based on the original Statement of Claims, but it has been superceded by the plaintiffs' subsequent action in filing and serving him the amended claims.

“In our view they have changed the character of the statement of claim, therefore, we cannot proceed with the original statement of claim,” said Bon.

Besides, the High Court also agreed to Rocky's pleadings, made through his lawyer, that the Defendant (Rocky) reserves the rights:

1 ) To explore the possibility of applying to strike out the amended Statement of Claims against him; and/or

2 ) To explore the possibility of requiring further and better (FNB) particulars pertaining to the plaintiffs' amended Statement of Claims against him.

In addition, the High Court also accepted Rocky's pleading that all affidavits filed therein in the original Statement of Claims (dated January 11, 2007) be declared irrelevant to the case currently being pursued.

Bon told Screenshots that the amended Statement of Claims had added two new blog entries and 98 readers' commentaries in Rocky's blog, over-and-above 48 other blog entries cited in the original claims, that the plaintiffs said have allegedly defamed them.

The date for the next hearing has been fixed for June 28, 2007. Rocky will have until May 3, 2007 to file his affidavits of reply to the amended Statement of Claims.

The hearing in chambers today lasted close to an hour. The plaintiffs were represented by Cecil Abraham and Rishwant Singh of Messrs. Shearn Delamore.