Edwin a/l Sither 1. ) Karunakaran a/l Chatu 2. ) Azizul Annuar bin Datuk Patinggi Tan Sri Haji Adenan Satem 3. ) Menteri Belia dan Sukan 4. ) Pesuruhjaya Sukan Malaysia 5. ) Kerajaan Malaysia

Edwin a/l Sither 1. ) Karunakaran a/l Chatu 2. ) Azizul Annuar bin Datuk Patinggi Tan Sri Haji Adenan Satem 3. ) Menteri Belia dan Sukan 4. ) Pesuruhjaya Sukan Malaysia 5. ) Kerajaan Malaysia

Plaintiff failed to discharge the legal burden to prove defamation or conspiracy; plaintiff lacked standing as an unincorporated society to bring a defamation claim; communications at issue were statements of fact about non-registration under the Sports Development Act and were not defamatory on their plain, objective meaning; claims against ministerial defendants for breach of statutory duty were misconceived and should have been pursued by judicial review; impugned documents were not properly admitted as exhibits. Accordingly the writ claim was dismissed and counterclaim dismissed.

Citation
WA-21NCvC-61-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Edwin A/L Sither; First Defendant: Karunakaran a/l Chatu; Second Defendant: Azizul Annuar bin Datuk Patinggi Tan Sri Haji Adenan Satem; Third Defendant: Menteri Belia dan Sukan; Fourth Defendant: Pesuruhjaya Sukan Malaysia; Fifth Defendant: Government of Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2025
Case Number
WA-21NCvC-61-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Writ Action for Defamation, Conspiracy to Injure and Breach of Statutory Duty (sports Regulation) / Trial Judgment (claim Dismissed; Plaintiff Has Filed an Appeal)
Outcome
Plaintiff's claim dismissed; First Defendant's counterclaim dismissed
Legal Topics
Qualified Privilege, Justification (truth), Judicial Review (order 53), Registration Under Sports Development Act, Standing of Societies to Sue, Admissibility of Documentary Evidence
Source Language
Malay/English
Defamation Administrative Law Sports Law Civil Procedure Evidence Law Qualified Privilege Justification (truth) Judicial Review (order 53) +3 more

Case Brief

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Parties

Edwin A/L Sither

Plaintiff

Karunakaran a/l Chatu

First Defendant

Azizul Annuar bin Datuk Patinggi Tan Sri Haji Adenan Satem

Second Defendant

Menteri Belia dan Sukan

Third Defendant

Pesuruhjaya Sukan Malaysia

Fourth Defendant

Government of Malaysia

Fifth Defendant

Procedural Posture

Civil Writ Action for Defamation, Conspiracy to Injure and Breach of Statutory Duty (sports Regulation) / Trial Judgment (claim Dismissed; Plaintiff Has Filed an Appeal)

Legal Issues

  1. 1 Whether the impugned letters contained defamatory imputations
  2. 2 Whether the plaintiff (a registered society) has legal standing to sue for defamation
  3. 3 Whether defendants enjoyed qualified privilege or justification for the communications

Ratio Decidendi

Plaintiff failed to discharge the legal burden to prove defamation or conspiracy; plaintiff lacked standing as an unincorporated society to bring a defamation claim; communications at issue were statements of fact about non-registration under the Sports Development Act and were not defamatory on their plain, objective meaning; claims against ministerial defendants for breach of statutory duty were misconceived and should have been pursued by judicial review; impugned documents were not properly admitted as exhibits. Accordingly the writ claim was dismissed and counterclaim dismissed.

Court Disposition

Plaintiff's claim dismissed; First Defendant's counterclaim dismissed

Orders

  • Claim dismissed with costs to First Defendant RM40,000.00 payable within 90 days
  • Costs to Second Defendant RM25,000.00 payable within 90 days