Thai is seeking to stay the trial – set to begin tomorrow – pending the disposal of an application filed last week for protective orders, including a request that all proceedings be held behind closed doors.
Tan, 64, co-founder of the glovemaking giant, is suing Thai over a series of text messages and verbal remarks allegedly made to family and friends three years ago – statements, she claims, which were calculated to shame her as a mother, relative and business leader.
Thai, 65, claims the protective orders sought are necessary to protect and preserve the integrity of the proceedings.
He said the protective order application must be heard before the trial commences, failing which it would become “nugatory” and “academic” and cause “irreparable” prejudice and injury.
The protective order application has been scheduled for case management before Judicial Commissioner Eddie Yeo tomorrow, the day the trial is set to open.
It raises a significant and potentially unprecedented legal question in Malaysia: can a defendant, accused in a defamation suit of damaging the plaintiff’s public reputation, restrict the public from proceedings initiated by the plaintiff to restore that reputation?
Thai claims the trial touches on matters that are confidential and private. He says they only involve familial matters and are not of public interest.
He is understood to be calling several well-known individuals to testify, including a former national badminton player, a distinguished businessman and the manager of a renowned international artiste.
The tycoon did not name them, but said one witness was about to get married and would not want past romantic relationships brought out into the open.
Thai is also seeking other protective measures, including an order that all court transcripts remain confidential and be made available only to the parties and their lawyers. He also wants all transcribers to sign non-disclosure agreements.
Tan is represented in the suit by S Ravenesan.
Thai and Tan jointly own Supermax Holdings Sdn Bhd, a substantial shareholder in Supermax Corporation Bhd, one of the world’s leading producers of rubber gloves.
They were married in 1987, but saw their relationship deteriorate amid allegations from both sides.
In 2022, Tan sought a judicial separation. Thai filed for divorce in April last year. Those proceedings are ongoing in the family court.