KOMARKCORP BERHAD THE EDGE COMMUNICATION SDN. BHD.

KOMARKCORP BERHAD THE EDGE COMMUNICATION SDN. BHD.

The Court held the impugned paragraph did not refer to the Appellant; read in context the article portrayed the Appellant as a potential victim of a group of individuals rather than a participant in unlawful conduct, and any alleged sting was neutralised by the article's context; therefore no actionable defamation...

Source-derived case information.

Citation
W-02(NCvC)(W)-693-04/2024 (Mahkamah Rayuan)
Parties
Appellant: Komarkcorp Berhad; Respondent: The Edge Communication Sdn. Bhd.
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
31 July 2025
Case Number
W-02(NCvC)(W)-693-04/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (defamation) / Court of Appeal Judgment (appeal Heard and Decided)
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Libel, Qualified Privilege (reynolds Defence), Justification (lucas Box), Reference/identification, Costs
Defamation Media Law Corporate Law Civil Procedure Libel Qualified Privilege (reynolds Defence) Justification (lucas Box) Reference/identification +1 more

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Summary, issues, holding and outcome

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Parties

Komarkcorp Berhad

Appellant

The Edge Communication Sdn. Bhd.

Respondent

Procedural Posture

Civil Appeal (defamation) / Court of Appeal Judgment (appeal Heard and Decided)

Legal Issues

  1. 1 Whether the impugned paragraph referred to the plaintiff (identification)
  2. 2 Whether the impugned paragraph was defamatory of the plaintiff
  3. 3 Whether the respondent established defences of justification and qualified privilege

Ratio Decidendi

The Court held the impugned paragraph did not refer to the Appellant; read in context the article portrayed the Appellant as a potential victim of a group of individuals rather than a participant in unlawful conduct, and any alleged sting was neutralised by the article's context; therefore no actionable defamation and the appeal is dismissed.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Appeal dismissed and High Court judgment of dismissal affirmed.
  • Appellant ordered to pay costs of RM20,000 (subject to allocatur).