BOO CHENG HOW & 10 OTHERS ONG KOW MENG

BOO CHENG HOW & 10 OTHERS ONG KOW MENG

Appeal allowed because plaintiff failed to prove publication by the defendants to a third party and failed to prove actual or express malice to defeat qualified privilege attaching to an internal party communication; additionally, pursuing a separate successful claim against the publisher amounted to a double claim/abuse of process that the Sessions Judge failed to account for when awarding identical damages, and the Sessions Judge erred in awarding and conflating aggravated and exemplary damages without proper basis.

Citation
JA-12B-28-07/2019 (Mahkamah Tinggi)
Parties
Appellants / Defendants in Sessions Court: Boo Cheng How & 10 Others; Respondent / Plaintiff in Sessions Court: Ong Kow Meng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2020
Case Number
JA-12B-28-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation Appeal / Appeal From Sessions Court (grounds of Judgment on Liability and Damages)
Outcome
Appeal allowed; Sessions Court decision set aside in part
Legal Topics
Qualified Privilege, Publication, Justification, Fair Comment, Abuse of Process (double Claim), Aggravated Damages, Exemplary Damages, Conflict of Interest
Source Language
Malay/English
Defamation Civil Procedure Evidence Professional Ethics Qualified Privilege Publication Justification Fair Comment +4 more

Case Brief

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Parties

Boo Cheng How & 10 Others

Appellants / Defendants in Sessions Court

Ong Kow Meng

Respondent / Plaintiff in Sessions Court

Procedural Posture

Civil Defamation Appeal / Appeal From Sessions Court (grounds of Judgment on Liability and Damages)

Legal Issues

  1. 1 Whether the impugned letter was defamatory of the Plaintiff
  2. 2 Whether sending the letter to party officials and copying CEC amounted to publication and whether qualified privilege applied
  3. 3 Whether Plaintiff's separate suit against the publisher (Sin Chew) produced a double claim/abuse of process and implications for damages

Ratio Decidendi

Appeal allowed because plaintiff failed to prove publication by the defendants to a third party and failed to prove actual or express malice to defeat qualified privilege attaching to an internal party communication; additionally, pursuing a separate successful claim against the publisher amounted to a double claim/abuse of process that the Sessions Judge failed to account for when awarding identical damages, and the Sessions Judge erred in awarding and conflating aggravated and exemplary damages without proper basis.

Court Disposition

Appeal allowed; Sessions Court decision set aside in part

Orders

  • Appeal allowed
  • Costs of RM10000.00 awarded to the Defendants, subject to allocatur fee