ANDAYU BINTI AZANAN NURZUSIAWATI BINTI NADZRI

ANDAYU BINTI AZANAN NURZUSIAWATI BINTI NADZRI

The court accepted that the defendant published the Facebook posts but the defendant failed to prove the truth of the allegations and failed to establish fair comment due to absence of evidence and presence of malice; therefore the posts are defamatory and the plaintiff is entitled to deletion of the publications,...

Source-derived case information.

Citation
TA-A53F-1-01/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Andayu binti Azanan; Defendant: Norzusilawati binti Nadzri
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 June 2024
Case Number
TA-A53F-1-01/2021 (Mahkamah Sesyen)
Procedural Posture
Defamation (civil) / Appeal Judgment (appeal by Defendant Against 12 June 2024 Decision)
Outcome
Appeal dismissed. Original decision affirmed in favour of plaintiff on claims paras (b), (e) and (f); claims for general, exemplary and aggravated damages (paras a, c and d) dismissed. Defendant's counterclaim dismissed.
Legal Topics
Libel, Justification (truth), Fair Comment, Malice, Injunctions, Deletion of Publication, Interest on Judgment, Costs, Burden of Proof
Defamation Tort Civil Procedure Evidence Libel Justification (truth) Fair Comment Malice +5 more

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Parties

Andayu binti Azanan

Plaintiff

Norzusilawati binti Nadzri

Defendant

Procedural Posture

Defamation (civil) / Appeal Judgment (appeal by Defendant Against 12 June 2024 Decision)

  1. 1 Whether the Facebook posts complained of were defamatory
  2. 2 Whether the defendant established defences of justification under Section 8 and fair comment under Section 9 of the Defamation Act 1957
  3. 3 Whether the plaintiff was entitled to deletion, injunction, interest and costs

Ratio Decidendi

The court accepted that the defendant published the Facebook posts but the defendant failed to prove the truth of the allegations and failed to establish fair comment due to absence of evidence and presence of malice; therefore the posts are defamatory and the plaintiff is entitled to deletion of the publications, an injunction, interest at 5% p.a. from date of publication and costs; the defendant's counterclaim failed for lack of proof.

Court Disposition

Appeal dismissed. Original decision affirmed in favour of plaintiff on claims paras (b), (e) and (f); claims for general, exemplary and aggravated damages (paras a, c and d) dismissed. Defendant's counterclaim dismissed.

Orders

  • Defendant ordered to delete all publications of the impugned words
  • Injunction restraining defendant (personally, through agents or servants) from further publishing the defamatory words or similar allegations concerning the plaintiff or its business