What is the key legal question regarding defamation suits by political parties?

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A Seven-Member Federal Court Bench Will Hear an Appeal on Whether Political Parties Can File Defamation Suits

A significant legal question concerning the capacity of political parties to initiate defamation lawsuits against individuals will be adjudicated by a seven-member Federal Court bench in March of the following year. This appeal, brought forth by Kepong Member of Parliament Lim Lip Eng, is scheduled for hearing on March 4. The Federal Court had previously granted Lim leave to pursue this appeal on March 12 of this year, acknowledging the importance of the legal issue at hand.
The Central Legal Issue for Determination

The core of the appeal revolves around a specific legal question: can a political party maintain a defamation suit, particularly in light of established legal precedents such as Goldsmith v Bhoyrul (1998) and Rajagopal v Jayalalitha (2006)? This question challenges the established understanding of who or what entities possess a reputation that can be legally protected from defamatory statements.
Background of the Defamation Suit

The case originated in July 2017 when the then secretary-general of MCA, Ong Ka Chuan, filed a defamation suit against Lim Lip Eng. The suit stemmed from remarks made by Lim at a press conference on March 15, 2016, which pertained to allegations concerning the government and the allocation of public funds for National Type Chinese Schools (SJKC). Ong contended that Lim's statements had severely damaged MCA's reputation and sought RM100 million in general and exemplary damages.
Procedural History and Arguments Presented

Lim Lip Eng's attempts to have the suit struck out were unsuccessful, with the High Court rejecting his application on February 27, 2018, and his subsequent appeal to the Court of Appeal also being dismissed. During the proceedings for leave to appeal to the Federal Court, Lim's counsel argued that registered societies, including political parties, are fundamentally incapable of filing defamation suits as they lack personal reputations, unlike individuals. Conversely, counsel for Ong cited a Federal Court decision from two years prior, in a case involving the Sarawak government and a defamation suit, which affirmed the government's ability to sue individuals for defamation, suggesting the law on the matter was already settled.

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What is the key legal question regarding defamation suits by political parties?

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