A five-man bench chaired by Chief Judge of Malaya Zulkefli Ahmad Makinudin said it was obviously unsustainable to hear the appeal when the merit of the case was not heard.
“Let him (Adnan) have his day in court,” he said in setting aside the decision of the Court of Appeal in March last year.
Zulkefli said whether a public official could bring a suit in his legal capacity to obtain legal remedy could be determined only after a trial .
The bench fixed Feb 22 for case management before judge Yeoh Wee Siam.
The Court of Appeal, which struck out the defamation suit, had ruled that Adnan could not sue Utusan Melayu (M) Berhad in his public capacity.
This came after the Court of Appeal accepted the 1993 legal principle established in the Derbyshire County vs Times Newspapers Ltd case and said it could be applied here.
In that case, the court had ruled that local authorities could not institute legal action based on public criticism.
The Court of Appeal, in allowing Utusan’s appeal, ruled that politicians could not sue the media for defamation in their capacity as public figures.
The court agreed with lawyers for Utusan that public figures have no locus standi (legal standing) to sue members of the public as this was tantamount to curbing criticism.
In the suit filed in 2014, Adnan said Utusan had tarnished his reputation as a national leader and politician through an article in its weekend publication Mingguan Malaysia under the headline “Hebat Sangatkah Adnan?”
He claimed the article, published on Nov 9 that year, implied that he had failed in carrying out his duties and overstayed his position as menteri besar.
Adnan said the article also implied that he had used his political position to abuse the media when it was critical of him.
The High Court had dismissed Utusan’s application to strike out the suit and said Adnan had a case.
Lawyer Americk Sidhu today told the Federal Court it was premature to hear the appeal since Adnan’s suit was not heard.
“Let the court hear and decide whether Adnan brought the suit in his personal or public capacity as menteri besar,” he said.
Utusan, represented by M Reza Hassan, said based on the Adnan’s pleadings, it was obvious that he filed his action in his capacity as menteri besar.
“It is clear he lacked the legal standing to bring this suit against my client,” Reza added.