Ling Yexiang LYC MOTHER & CHILD CENTRE SDN BHD

Ling Yexiang LYC MOTHER & CHILD CENTRE SDN BHD

On the balance of probabilities the plaintiff proved the first three publications were defamatory, referred to the plaintiff and were published; the defendant's admissions and the section 114A presumption established publication and authorship; the defendant failed to prove truth/justification or fair comment as primary facts were not substantiated (lab results negative and no evidence supporting typhoid causation); publications 4–6 were not pleaded and could not be relied upon; exemplary damages and injunctive/apology orders were appropriate; general damages awarded by Sessions Court were excessive and reduced from RM500,000 to RM250,000.

Citation
BA-12BCY-8-11/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant in Sessions Court: Ling Yexiang; Respondent/plaintiff in Sessions Court: LYC Mother & Child Centre Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
BA-12BCY-8-11/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court (judgment Delivered)
Outcome
Appeal allowed in part; Sessions Court judgment varied only to reduce general damages, otherwise orders affirmed
Legal Topics
Publication, Damages (general and Exemplary), Injunctions, Apology Orders, Pleading Requirements, Presumptions of Publication, Fair Comment/justification, Appellate Review Standard
Source Language
Malay/English
Defamation Tort Civil Procedure Evidence Law Media and Internet Law Publication Damages (general and Exemplary) Injunctions +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ling Yexiang

Appellant/defendant in Sessions Court

LYC Mother & Child Centre Sdn Bhd

Respondent/plaintiff in Sessions Court

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court (judgment Delivered)

Legal Issues

  1. 1 Whether the complained words are capable of defaming the plaintiff as a matter of law
  2. 2 Whether the statements would be understood by an ordinary reasonable person to carry defamatory imputations
  3. 3 Whether the apology order made by the Sessions Court was excessive given publication on Facebook

Ratio Decidendi

On the balance of probabilities the plaintiff proved the first three publications were defamatory, referred to the plaintiff and were published; the defendant's admissions and the section 114A presumption established publication and authorship; the defendant failed to prove truth/justification or fair comment as primary facts were not substantiated (lab results negative and no evidence supporting typhoid causation); publications 4–6 were not pleaded and could not be relied upon; exemplary damages and injunctive/apology orders were appropriate; general damages awarded by Sessions Court were excessive and reduced from RM500,000 to RM250,000.

Court Disposition

Appeal allowed in part; Sessions Court judgment varied only to reduce general damages, otherwise orders affirmed

Orders

  • General damages award reduced from RM500,000 to RM250,000 for the first, second and third publications only
  • Award for aggravated/exemplary damages (RM50,000) affirmed