NG CHIA WEI 1. ) LOH ENG CHUAN 2. ) KHAW KIM ENG 3. ) LOO WENG KAM

NG CHIA WEI 1. ) LOH ENG CHUAN 2. ) KHAW KIM ENG 3. ) LOO WENG KAM

Plaintiff failed to prove, on the balance of probabilities, the pleaded causes of action. Communications by the 1st and 2nd Defendants were made in the context of suspected child abuse and fell within the absolute statutory immunity under Child Act s116(1); alternatively were privileged absent proof of malice which Plaintiff did not particularise or prove. The police acted on independent investigations so there was no evidence that the 1st Defendant maliciously procured arrest or remand. The 3rd Defendant owed no duty of care to the Plaintiff in the circumstances. Selective recordings and the digital forensic report lacked probative value. Action dismissed and costs awarded against...

Citation
PA-22NCvC-123-07/2018 (Mahkamah Tinggi)
Parties
Plaintiff: NG CHIA WEI; 1st Defendant: LOH ENG CHUAN; 2nd Defendant: KHAW KIM ENG; 3rd Defendant: LOO WENG KAM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 August 2022
Case Number
PA-22NCvC-123-07/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Torts (defamation, Conspiracy, Malicious Process, Negligence) / Final Judgment After Trial
Outcome
Plaintiff's action dismissed in its entirety
Legal Topics
Defamation, Conspiracy to Injure, Malicious Procurement of Arrest/remand, Negligence, Absolute Privilege Under Child Act, Admissibility and Weight of Child Interviews and Recordings, Pleading Requirements for Defamation
Source Language
Malay/English
Tort Law Family Law Child Protection Law Criminal Procedure/evidence Civil Procedure Defamation Conspiracy to Injure Malicious Procurement of Arrest/remand +4 more

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Parties

NG CHIA WEI

Plaintiff

LOH ENG CHUAN

1st Defendant

KHAW KIM ENG

2nd Defendant

LOO WENG KAM

3rd Defendant

Procedural Posture

Civil Torts (defamation, Conspiracy, Malicious Process, Negligence) / Final Judgment After Trial

Legal Issues

  1. 1 Whether 1st and 2nd Defendants conspired to fabricate sexual abuse allegations and coached the children to implicate Plaintiff
  2. 2 Whether statements made to the child psychiatrist and resulting reports amounted to defamatory publications referring to Plaintiff
  3. 3 Whether informers are protected by absolute privilege under section 116(1) Child Act and/or qualified privilege and whether malice was proved

Ratio Decidendi

Plaintiff failed to prove, on the balance of probabilities, the pleaded causes of action. Communications by the 1st and 2nd Defendants were made in the context of suspected child abuse and fell within the absolute statutory immunity under Child Act s116(1); alternatively were privileged absent proof of malice which Plaintiff did not particularise or prove. The police acted on independent investigations so there was no evidence that the 1st Defendant maliciously procured arrest or remand. The 3rd Defendant owed no duty of care to the Plaintiff in the circumstances. Selective recordings and the digital forensic report lacked probative value. Action dismissed and costs awarded against...

Court Disposition

Plaintiff's action dismissed in its entirety

Orders

  • Plaintiff's action dismissed
  • Plaintiff to pay costs of RM100000 to 1st and 2nd Defendants (jointly)