DHAMODARAN A/L MUNUSAMY SUMATHI A/P TAMBYRASAH

DHAMODARAN A/L MUNUSAMY SUMATHI A/P TAMBYRASAH

On the affidavit evidence the impugned social media postings were clearly defamatory with no reasonable explanation offered; the case fell within established exceptions to the reluctance to grant interlocutory relief in libel, so an interim injunction was necessary to preserve parties' positions pending trial and was therefore granted.

Citation
AA-B53F-7-12/2020 (Mahkamah Sesyen)
Parties
Appellant / Defendant: Sumathi A/P Tambyrasah; Respondent / Plaintiff: Dhamodaran A/L Munusamy
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
AA-B53F-7-12/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Appeal (interim Injunction in Defamation Suit) / High Court on Appeal From Ipoh Sessions Court Interlocutory Order
Outcome
Interim injunction granted by Ipoh Sessions Court (order allowed on affidavit)
Legal Topics
Interim Injunction, Social Media Defamation, Justification Defence, Delay/laches
Source Language
Malay/English
Defamation Injunction Civil Procedure Freedom of Speech Interim Injunction Social Media Defamation Justification Defence Delay/laches

Case Brief

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Parties

Sumathi A/P Tambyrasah

Appellant / Defendant

Dhamodaran A/L Munusamy

Respondent / Plaintiff

Procedural Posture

Civil Appeal (interim Injunction in Defamation Suit) / High Court on Appeal From Ipoh Sessions Court Interlocutory Order

Legal Issues

  1. 1 Whether an interim injunction should be granted in a defamation action arising from social media postings
  2. 2 Whether the impugned statements are unarguably defamatory on the affidavits
  3. 3 Whether the defence of justification is likely to succeed such that an injunction should be refused

Ratio Decidendi

On the affidavit evidence the impugned social media postings were clearly defamatory with no reasonable explanation offered; the case fell within established exceptions to the reluctance to grant interlocutory relief in libel, so an interim injunction was necessary to preserve parties' positions pending trial and was therefore granted.

Court Disposition

Interim injunction granted by Ipoh Sessions Court (order allowed on affidavit)

Orders

  • Interim injunction restraining Defendant from publishing remarks concerning Plaintiff and his family pending disposal of the main suit
  • Costs of RM3,000 awarded to Plaintiff