1. ) ROSNAN BIN MAT JIHIN 2. ) ZAITON BINTI MOHAMMED JUDI Norasmunira Binti Mohd Alwi

1. ) ROSNAN BIN MAT JIHIN 2. ) ZAITON BINTI MOHAMMED JUDI Norasmunira Binti Mohd Alwi

Appeal allowed in part: High Court found the Sessions Court's overall appreciation of evidence was correct as to general damages and mitigation by absence of criminal charges, but that the award for aggravated/exemplary damages was inadequately assessed given the defendant's emotional yet cynical disregard for...

Source-derived case information.

Citation
BA-12BCY-5-07/2024 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: Rosnan bin Mat Jihin; Appellant Plaintiff: Zaiton binti Mohamed Judi; Respondent Defendant: Norasmunira binti Mohd Alwi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 February 2025
Case Number
BA-12BCY-5-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (defamation) / High Court Judgment on Appeal (assessment of Damages)
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Aggravated Damages, Exemplary Damages, Default Judgment, Publication on Social Media
Defamation Tort Civil Procedure Damages Assessment Aggravated Damages Exemplary Damages Default Judgment Publication on Social Media

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Parties

Rosnan bin Mat Jihin

Appellant Plaintiff

Zaiton binti Mohamed Judi

Appellant Plaintiff

Norasmunira binti Mohd Alwi

Respondent Defendant

Procedural Posture

Civil Appeal (defamation) / High Court Judgment on Appeal (assessment of Damages)

Legal Issues

  1. 1 Whether the Sessions Court's assessment of damages was erroneous or required interference on appeal
  2. 2 Whether aggravated/exemplary damages were justified and, if so, quantum
  3. 3 Effect of absence of criminal charges on mitigation of damages

Ratio Decidendi

Appeal allowed in part: High Court found the Sessions Court's overall appreciation of evidence was correct as to general damages and mitigation by absence of criminal charges, but that the award for aggravated/exemplary damages was inadequately assessed given the defendant's emotional yet cynical disregard for plaintiffs' rights; aggravated damages were increased to RM15,000 per appellant while other orders were maintained.

Court Disposition

Appeal allowed in part

Orders

  • Increase aggravated/exemplary damages to RM15,000.00 for each appellant
  • Maintain Sessions Court order of general damages of RM30,000.00