MARIAH BINTI GHAZALI MEDIA MULIA SDN. BHD

MARIAH BINTI GHAZALI MEDIA MULIA SDN. BHD

The trial judge correctly found on the evidence that the publications referred to Cambodian operators generally and did not refer to the appellant; the appellant failed to discharge the burden to show the publications bore a defamatory meaning as to her or caused reputational harm; the appellate court will not disturb those factual findings absent a plain error, therefore the appeal is dismissed with costs.

Citation
BA-12B-84-07/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mariah binti Ghazali; Respondent/defendant: Media Mulia Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 May 2025
Case Number
BA-12B-84-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Defamation Elements, Publication and Reference, Burden of Proof, Appellate Review (plainly Wrong Test), Costs
Source Language
Malay/English
Defamation Tort Evidence Civil Procedure Defamation Elements Publication and Reference Burden of Proof Appellate Review (plainly Wrong Test) +1 more

Case Brief

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Parties

Mariah binti Ghazali

Appellant/plaintiff

Media Mulia Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the published articles and images were defamatory of the appellant
  2. 2 Whether the publications referred to the appellant
  3. 3 Whether the trial judge was plainly wrong in finding no defamation

Ratio Decidendi

The trial judge correctly found on the evidence that the publications referred to Cambodian operators generally and did not refer to the appellant; the appellant failed to discharge the burden to show the publications bore a defamatory meaning as to her or caused reputational harm; the appellate court will not disturb those factual findings absent a plain error, therefore the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM10,000.00 payable by the appellant, costs subject to allocator