1. ) Warisan Pinang Sdn Bhd 2. ) Kiarafield Sdn Bhd 3. ) Dato' Mohd Ramzan Bin Ibrahim Carolyn Khor Tsai Chen

1. ) Warisan Pinang Sdn Bhd 2. ) Kiarafield Sdn Bhd 3. ) Dato' Mohd Ramzan Bin Ibrahim Carolyn Khor Tsai Chen

The court held that the publications were defamatory and that the Defendant failed to establish the statutory/common law defences on the balance of probabilities, including failing to rebut evidence of malice where relevant; accordingly judgment was entered for the Plaintiffs with damages and costs to be awarded.

Citation
PA-22NCvC-70-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 July 2023
Case Number
PA-22NCvC-70-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation / Judgment (final)
Outcome
Judgment for the Plaintiffs
Legal Topics
Defences to Defamation (justification, Fair Comment, Qualified Privilege), Malice and Absence of Malice, Public Interest / Responsible Journalism, Summary Disposal / Striking Out, Costs and Damages
Source Language
Malay/English
Defamation Civil Procedure Evidence Defences to Defamation (justification, Fair Comment, Qualified Privilege) Malice and Absence of Malice Public Interest / Responsible Journalism Summary Disposal / Striking Out Costs and Damages

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Defamation / Judgment (final)

Legal Issues

  1. 1 Whether the impugned publications were defamatory
  2. 2 Whether the defendant established statutory or common law defences (truth/justification, fair comment, qualified privilege)
  3. 3 Whether malice was proved so as to defeat privilege

Ratio Decidendi

The court held that the publications were defamatory and that the Defendant failed to establish the statutory/common law defences on the balance of probabilities, including failing to rebut evidence of malice where relevant; accordingly judgment was entered for the Plaintiffs with damages and costs to be awarded.

Court Disposition

Judgment for the Plaintiffs

Orders

  • Judgment entered for the Plaintiffs
  • Defendant to pay damages to the Plaintiffs (quantum to be assessed if not agreed)