The High Court here today allowed an application by actress-cum-model Zarina Anjoulie Mohamad Fahizul for a judgment in default in a RM3 million defamation suit filed against actress Amyza Aznan.
Judge Datuk Azimah Omar allowed Zarina Anjoulie's application following Amyza, whose real name is Azizah @ Amyza Aznan, failed to file a memorandum of appearance to answer the summons within the stipulated period.
"The suit filed by the plaintiff is in accordance with the procedure and in order, but the defendant was late in entering her appearance to answer to the summons," he said and ordered Amyza to also pay cost of RM2,500.
Amyza's lawyer, Rejinder Singh, then informed the court that his client would file an application to set aside the judgment this Monday.
"We also apply to the court for a stay of proceeding of the suit pending the disposal of our application ," he added.
Earlier, Rejinder informed the court that his client had entered her appearance to respond to the suit filed by Zarina Anjoulie last July 1.
"The defendant had never received any writ of summons and statements of claim as it was served at an address where she (defendant) did not reside.
"My client only realized that there was an application in default of appearance made by the plaintiff after being informed by media friends who wanted her comments on the matter last June 25," he added.
Meanwhile, Zarina Anjoulie's lawyer, Wan Azmir Wan Majid, when met by reporters outside the court, said his client would file an application for the court to make an assessment of damages following today's decision.
Zarina Anjoulie, 34, filed the suit last April 23, claiming that after an announcement by the government on the Bantuan Prihatin Nasional (BPN) for the B40 and M40 groups with household income of less RM8,000 and below, some local artistes had voiced out their opinion saying that the government should also provide special assistance for artistes.
Zarina Anjoulie, who is also an entrepreneur, claimed that she posted a video on her Instagram page on March 28, which in general said that the 'special assistance' was unnecessary and only eligible artistes should apply for the aid like the rest of the people.
She claimed that on March 29, a group known as 'Bantuan COVID-Seni 2020' was created on the Telegram application to discuss the COVID-19 assistance for local artistes, whereby at least 819 artistes and arts activists joined the group, including Amyza.
Zarina Anjoulie claimed that through the group, Amzya had used defamatory words against her, resulting in many members of the group being influenced by the slander. She also claimed that Amyza had also posted defamatory words against her on her Instagram last April.
She claimed the alleged defamatory words implied that she was bad-tempered, irresponsible, a hypocrite and made use of other people to attack the defendant and slander against other artistes.
Zarina Anjoulie claimed that the alleged defamatory words tarnished her reputation, resulting in her to be in a bad light that caused her to be depressed and sad.
She is seeking general, special and exemplary damages, cost and interest, and other relief deemed fit by the court.
She also seeking an injunction to prevent the defendant from making other defamatory comments against her.
-- BERNAMA
Bernama
Fri Jul 10 2020
Zarina Anjoulie (right) claimed that Amzya (left) had used defamatory words against her, resulting in many members of the group being influenced by the slander SINAR HARIAN
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