1. EAGLE ONE INVESTMENT LTD. 2. FOCUS MALAYSIA SDN. BHD. (Formerly known as HCK Media Sdn. Bhd. 3. SONIA RAMACHANDRAN ASIA PACIFIC HIGHER LEARNING SDN. BHD.

1. EAGLE ONE INVESTMENT LTD. 2. FOCUS MALAYSIA SDN. BHD. (Formerly known as HCK Media Sdn. Bhd. 3. SONIA RAMACHANDRAN ASIA PACIFIC HIGHER LEARNING SDN. BHD.

Defendants were estopped from raising for the first time on appeal the locus/identification defence because it was not specifically pleaded or tried; on the facts and evidence the article was defamatory and would reasonably be understood to refer to the plaintiff as owner/licensee of LUC; a company may sue in defamation where its trading reputation is injured; appellate court upheld liability and reduced the quantum of damages to RM500,000 general and RM300,000 exemplary.

Citation
B-02(NCVC)(W)-74-01/2018 (Mahkamah Rayuan)
Parties
Defendant/appellant: Eagle One Investment Ltd.; Defendant/appellant: Focus Malaysia Sdn. Bhd.; Defendant/appellant: Sonia Ramachandran; Plaintiff/respondent: Asia Pacific Higher Learning Sdn. Bhd.
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
22 March 2019
Case Number
B-02(NCVC)(W)-74-01/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (defamation) / Court of Appeal Judgment on Liability and Quantum
Outcome
Appeal dismissed on liability; appeal allowed in part on quantum of damages.
Legal Topics
Locus to Sue/identification, Pleadings and Raising Points on Appeal, Publication and Defamatory Meaning, Quantum of Damages, Qualified and Absolute Privilege
Source Language
Malay/English
Defamation Law Tort of Malicious Falsehood Civil Procedure Company Law Locus to Sue/identification Pleadings and Raising Points on Appeal Publication and Defamatory Meaning Quantum of Damages +1 more

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Parties

Eagle One Investment Ltd.

Defendant/appellant

Focus Malaysia Sdn. Bhd.

Defendant/appellant

Sonia Ramachandran

Defendant/appellant

Asia Pacific Higher Learning Sdn. Bhd.

Plaintiff/respondent

Procedural Posture

Civil Appeal (defamation) / Court of Appeal Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the published article was defamatory
  2. 2 Whether the article referred to the plaintiff (identification/locus)
  3. 3 Whether the defendants could raise the locus/identification point on appeal when not pleaded at trial

Ratio Decidendi

Defendants were estopped from raising for the first time on appeal the locus/identification defence because it was not specifically pleaded or tried; on the facts and evidence the article was defamatory and would reasonably be understood to refer to the plaintiff as owner/licensee of LUC; a company may sue in defamation where its trading reputation is injured; appellate court upheld liability and reduced the quantum of damages to RM500,000 general and RM300,000 exemplary.

Court Disposition

Appeal dismissed on liability; appeal allowed in part on quantum of damages.

Orders

  • Appeal dismissed insofar as liability is concerned.
  • General damages awarded and substituted in the sum of RM500000.00.