Sabapathy a/l Ramasamy Subramaniam a/l Kandasamy

Sabapathy a/l Ramasamy Subramaniam a/l Kandasamy

The court held that the 1st Defendant's oral statements at a press conference were written down by a reporter and published in the newspaper, thereby constituting libel; the statement of claim was not defective because the defamatory words were pleaded verbatim in paragraphs 5 and 6; accordingly the appeal failed and was dismissed.

Citation
JA-12B-85-10/2018 (Mahkamah Tinggi)
Parties
1st Defendant / Appellant / Perayu: Sabapathy A/L Ramasamy; Plaintiff / Respondent: Subramaniam A/L Kandasamy; 2nd Defendant: Gowri A/P Pallanesamy; 3rd Defendant: Aruun Kumar A/L Kumana Pupathi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2020
Case Number
JA-12B-85-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (defamation) / High Court Determination on Appeal
Outcome
Appeal dismissed
Legal Topics
Libel Vs Slander, Pleading Requirements in Defamation, Special Damages, Defamation Act 1957 S5
Source Language
Malay/English
Defamation Tort Civil Procedure Libel Vs Slander Pleading Requirements in Defamation Special Damages Defamation Act 1957 S5

Case Brief

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Parties

Sabapathy A/L Ramasamy

1st Defendant / Appellant / Perayu

Subramaniam A/L Kandasamy

Plaintiff / Respondent

Gowri A/P Pallanesamy

2nd Defendant

Aruun Kumar A/L Kumana Pupathi

3rd Defendant

Procedural Posture

Civil Appeal (defamation) / High Court Determination on Appeal

Legal Issues

  1. 1 Whether the publication constituted libel or slander
  2. 2 Whether the statement of claim was defective for failing to plead the defamatory words verbatim
  3. 3 Whether the claim satisfied section 5 of the Defamation Act 1957

Ratio Decidendi

The court held that the 1st Defendant's oral statements at a press conference were written down by a reporter and published in the newspaper, thereby constituting libel; the statement of claim was not defective because the defamatory words were pleaded verbatim in paragraphs 5 and 6; accordingly the appeal failed and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • 1st Defendant's appeal dismissed