1. ) SARASWATHY KANDASAMI 2. ) SANKARAN A/L NAGAPPEN 3. ) PERIASAMI A/L MUNISAMY (Sebagai Pengarah City Team Media Sdn Bhd) 4. ) MATHIALAGAN A/K MAISLLAMANY (Sebagai Pengarah City Team Media Sdn Bhd) 5. ) CITY TEAM MEDIA SDN. BHD. (No. Syar

1. ) SARASWATHY KANDASAMI 2. ) SANKARAN A/L NAGAPPEN 3. ) PERIASAMI A/L MUNISAMY (Sebagai Pengarah City Team Media Sdn Bhd) 4. ) MATHIALAGAN A/K MAISLLAMANY (Sebagai Pengarah City Team Media Sdn Bhd) 5. ) CITY TEAM MEDIA SDN. BHD. (No. Syar

The Court held the undertaking in the consent judgment plainly prohibited repeating or publishing the impugned statements relating to the defamation suit; appellants and City Team Media had knowledge of the terms (they drafted/approved them) and were notified of the breach; the press conference and subsequent publication repeated the impugned statements; the publisher and its directors and the solicitor who attended/assisted thereby committed contempt; fines of RM10,000 each were appropriate; appeals dismissed with costs.

Citation
W-02(IM)(NCVC)-2341-11/2018 & W-02(IM) (NCVC)-2369-11/2018 (Mahkamah Rayuan)
Parties
Appellant (perayu): Saraswathy Kandasami; Appellant / Defendant: Sankaran a/l Nagappen; Appellant / Defendant / Publisher: City Team Media Sdn. Bhd.; Defendant / Printer: Twinstar Synergy Sdn Bhd; Appellant (director of City Team Media): Periasami a/l Munisamy; Appellant (director of City Team Media): Mathialagan a/k Maisllamany; Respondent / Plaintiff: Datuk Saravanan a/l Murugan
Court
IM
Jurisdiction
Malaysia
Judgment Date
25 September 2020
Case Number
W-02(IM)(NCVC)-2341-11/2018 & W-02(IM) (NCVC)-2369-11/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (contempt of Court) / Court of Appeal Judgment on Appeal From High Court Committal Order
Outcome
Appeals dismissed with costs; contempt convictions and fines upheld
Legal Topics
Consent Judgment Enforcement, Service and Perfection of Orders, Interpretation of Undertakings, Aiding and Abetting Contempt, Leave to Issue Contempt Proceedings, Standard of Proof in Contempt
Source Language
Malay/English
Contempt of Court Civil Procedure Defamation Professional Conduct of Solicitors Consent Judgment Enforcement Service and Perfection of Orders Interpretation of Undertakings Aiding and Abetting Contempt +2 more

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Parties

Saraswathy Kandasami

Appellant (perayu)

Sankaran a/l Nagappen

Appellant / Defendant

City Team Media Sdn. Bhd.

Appellant / Defendant / Publisher

Twinstar Synergy Sdn Bhd

Defendant / Printer

Periasami a/l Munisamy

Appellant (director of City Team Media)

Mathialagan a/k Maisllamany

Appellant (director of City Team Media)

Datuk Saravanan a/l Murugan

Respondent / Plaintiff

Procedural Posture

Civil Appeal (contempt of Court) / Court of Appeal Judgment on Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether the consent judgment was perfected/served and enforceable at time of alleged breach
  2. 2 Whether the undertaking in the consent judgment prohibited repetition/publication of the impugned statements
  3. 3 Whether appellants (including publisher, directors and solicitor) committed contempt by repeating/publishing the impugned statements

Ratio Decidendi

The Court held the undertaking in the consent judgment plainly prohibited repeating or publishing the impugned statements relating to the defamation suit; appellants and City Team Media had knowledge of the terms (they drafted/approved them) and were notified of the breach; the press conference and subsequent publication repeated the impugned statements; the publisher and its directors and the solicitor who attended/assisted thereby committed contempt; fines of RM10,000 each were appropriate; appeals dismissed with costs.

Court Disposition

Appeals dismissed with costs; contempt convictions and fines upheld

Orders

  • Appeals dismissed with costs
  • Each appellant fined RM10000.00 (MYR 10,000.00)