LIM JENN SHIAH 1. ) THEAN KON FAH 2. ) GOH CHENG LEONG

LIM JENN SHIAH 1. ) THEAN KON FAH 2. ) GOH CHENG LEONG

Claims grounded solely on newspaper reports were unsustainable where plaintiffs failed to plead the speaker’s exact words or produce full certified translations so that statements could be read in context; Facebook posts that addressed public accountability of school funds constituted matters of public interest permitting defences of justification/public interest; awards of exemplary damages were unjustified on the facts and High Court findings in appeals 1710 and 1724 were set aside while appeal 210 was dismissed.

Citation
B-02(NCVC)(W)-1710-09/2019 & b-02(NCVC)(W)-1724-09/2019 (Mahkamah Rayuan)
Parties
Appellant (perayu) in Appeal B 02(ncvc)(w) 210 01/2019; Plaintiff in High Court BA 23 NCVC 11 05/2016: Chew Hock Jin; Respondent in Appeal B 02(ncvc)(w) 210 01/2019; Appellant (perayu) in Appeals B 02(ncvc)(w) 1710 09/2019 and B 02(ncvc)(w) 1724 09/2019; Defendant in High Court Matters: Lim Jenn Shiah; Respondent/plaintiff in Civil Proceedings and Respondent in Appeal B 02(ncvc)(w) 1710 09/2019: Thean Kon Fah; Respondent/plaintiff in Civil Proceedings and Respondent in Appeal B 02(ncvc)(w) 1724 09/2019: Goh Cheng Leong
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
9 September 2020
Case Number
B-02(NCVC)(W)-1710-09/2019 & b-02(NCVC)(W)-1724-09/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals Arising From Defamation (libel) Actions / Court of Appeal Judgment (final Decision on Appeals)
Outcome
Appeal B-02(NCVC)(W)-210-01/2019 dismissed; Appeals B-02(NCVC)(W)-1710-09/2019 and B-02(NCVC)(W)-1724-09/2019 allowed; High Court decisions in appeals 1710 and 1724 set aside
Legal Topics
Libel, Burden of Proof, Pleading Requirements, Justification/defence, Qualified Privilege, Public Interest Defence, Damages Assessment, Exemplary Damages
Source Language
Malay/English
Defamation Tort Civil Procedure Media Law Libel Burden of Proof Pleading Requirements Justification/defence +4 more

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Parties

Chew Hock Jin

Appellant (perayu) in Appeal B 02(ncvc)(w) 210 01/2019; Plaintiff in High Court BA 23 NCVC 11 05/2016

Lim Jenn Shiah

Respondent in Appeal B 02(ncvc)(w) 210 01/2019; Appellant (perayu) in Appeals B 02(ncvc)(w) 1710 09/2019 and B 02(ncvc)(w) 1724 09/2019; Defendant in High Court Matters

Thean Kon Fah

Respondent/plaintiff in Civil Proceedings and Respondent in Appeal B 02(ncvc)(w) 1710 09/2019

Goh Cheng Leong

Respondent/plaintiff in Civil Proceedings and Respondent in Appeal B 02(ncvc)(w) 1724 09/2019

Procedural Posture

Civil Appeals Arising From Defamation (libel) Actions / Court of Appeal Judgment (final Decision on Appeals)

Legal Issues

  1. 1 Whether newspaper articles reporting statements by a speaker can ground a defamation action against the speaker where the plaintiff did not plead or prove the speaker’s exact words
  2. 2 Whether the full contents and certified translation of foreign‑language publications must be pleaded and produced so words can be read in context
  3. 3 Whether the published words referred to the plaintiffs personally and bore a defamatory meaning in their natural and ordinary sense

Ratio Decidendi

Claims grounded solely on newspaper reports were unsustainable where plaintiffs failed to plead the speaker’s exact words or produce full certified translations so that statements could be read in context; Facebook posts that addressed public accountability of school funds constituted matters of public interest permitting defences of justification/public interest; awards of exemplary damages were unjustified on the facts and High Court findings in appeals 1710 and 1724 were set aside while appeal 210 was dismissed.

Court Disposition

Appeal B-02(NCVC)(W)-210-01/2019 dismissed; Appeals B-02(NCVC)(W)-1710-09/2019 and B-02(NCVC)(W)-1724-09/2019 allowed; High Court decisions in appeals 1710 and 1724 set aside

Orders

  • Appeals B-02(NCVC)(W)-1710-09/2019 and B-02(NCVC)(W)-1724-09/2019 allowed
  • Appeal B-02(NCVC)(W)-210-01/2019 dismissed