1. ) DATO’ TING CHING LEE 2. ) TING HENG NGUONG 3. ) NGU TOH YI TING SIU HUA

1. ) DATO’ TING CHING LEE 2. ) TING HENG NGUONG 3. ) NGU TOH YI TING SIU HUA

The Court of Appeal affirmed dismissal of the plaintiffs' defamation claim because the plaintiffs failed to prove on the balance of probabilities that the defendant was the originator or publisher of the Sin Chew advertisement or the social media republications; the court allowed the defendant's counterclaim, finding there was sufficient evidence of an oral agreement to provide two lines of credit (USD 1,500,000) and rolling rebates (USD 193,800) and, applying the reasoning in Wynn Resorts, these credit facilities were commercial loans/credits to be converted to casino chips and not wagering agreements within the meaning of Civil Law Act s26/Contracts Act s31, and thus enforceable.

Citation
Q-02(NCvC)(W)-1397-07/2019 (Mahkamah Rayuan)
Parties
Appellant/respondent: TING SIU HUA; 1st Appellant/respondent: DATO' TING CHING LEE; 2nd Appellant: TING HENG NGUONG; 3rd Appellant: NGU TOH YI
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
20 March 2024
Case Number
Q-02(NCvC)(W)-1397-07/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court Dismissal of Libel Claim and Counterclaim
Outcome
Plaintiffs' appeal dismissed; Defendant's appeal allowed in respect of the counterclaim; High Court decision set aside insofar as it dismissed the defendant's counterclaim.
Legal Topics
Publication, Social Media Republication, Oral Credit Agreements, Illegality of Wagering Agreements, Circumstantial Evidence, Onus of Proof
Source Language
Malay/English
Defamation Contract Law Gambling Law Civil Procedure Publication Social Media Republication Oral Credit Agreements Illegality of Wagering Agreements +2 more

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Parties

TING SIU HUA

Appellant/respondent

DATO' TING CHING LEE

1st Appellant/respondent

TING HENG NGUONG

2nd Appellant

NGU TOH YI

3rd Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court Dismissal of Libel Claim and Counterclaim

Legal Issues

  1. 1 Whether the defendant published the alleged defamatory advertisement and republished it on Facebook/WeChat
  2. 2 Whether the plaintiffs proved publication by the defendant on the balance of probabilities
  3. 3 Whether an oral contract existed for lines of credit and rolling rebates between the defendant and the 1st plaintiff

Ratio Decidendi

The Court of Appeal affirmed dismissal of the plaintiffs' defamation claim because the plaintiffs failed to prove on the balance of probabilities that the defendant was the originator or publisher of the Sin Chew advertisement or the social media republications; the court allowed the defendant's counterclaim, finding there was sufficient evidence of an oral agreement to provide two lines of credit (USD 1,500,000) and rolling rebates (USD 193,800) and, applying the reasoning in Wynn Resorts, these credit facilities were commercial loans/credits to be converted to casino chips and not wagering agreements within the meaning of Civil Law Act s26/Contracts Act s31, and thus enforceable.

Court Disposition

Plaintiffs' appeal dismissed; Defendant's appeal allowed in respect of the counterclaim; High Court decision set aside insofar as it dismissed the defendant's counterclaim.

Orders

  • Plaintiffs' appeal dismissed with costs
  • Defendant's appeal allowed and the High Court decision set aside in relation to the defendant's counterclaim