1. LIU THIAN LEONG 2. CHONG JIT LEONG 3. CHANG HON HIUNG 1. JEE NYEN CHONG 2. VOON SAM TED 3. CHONG VUI KUET

1. LIU THIAN LEONG 2. CHONG JIT LEONG 3. CHANG HON HIUNG 1. JEE NYEN CHONG 2. VOON SAM TED 3. CHONG VUI KUET

Court of Appeal held the nine articles were capable of and did refer to the respondents individually and as office-bearers, the imputations were defamatory, the defendants failed to establish justification, fair comment or qualified privilege on the facts (qualified privilege rejected because publication to press exceeded reciprocal occasion), the plaintiffs failed to prove express malice, awards of RM60,000 and RM40,000 to the individual respondents were affirmed, the separate award to the Siburan Hall Committee was quashed to avoid double recovery, and interest was ordered to run from the High Court judgment date (4.12.2017).

Citation
Q-02(W)-859-04/2018 (Mahkamah Rayuan)
Parties
1st Appellant / Plaintiff in Main Claim: Liu Thian Leong; 2nd Appellant / Plaintiff in Main Claim: Chong Jit Leong; 3rd Appellant / Plaintiff in Main Claim: Chang Hon Hiung; 1st Respondent / Defendant in Main Claim: Jee Nyen Chong; 2nd Respondent / Defendant in Main Claim: Voon Sam Ted; 3rd Respondent / Defendant in Main Claim: Chong Vui Kuet
Court
W
Jurisdiction
Malaysia
Judgment Date
30 July 2021
Case Number
Q-02(W)-859-04/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal and Cross Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court Counterclaim Decision
Outcome
Appeal partially allowed in part and dismissed in part; cross-appeal dismissed
Legal Topics
Qualified Privilege, Justification, Fair Comment, Damages, Malice, Representative Action, Pleading and Innuendo, Pre Judgment Interest
Source Language
Malay/English
Defamation Torts Civil Procedure Societies Law Qualified Privilege Justification Fair Comment Damages +4 more

Case Brief

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Parties

Liu Thian Leong

1st Appellant / Plaintiff in Main Claim

Chong Jit Leong

2nd Appellant / Plaintiff in Main Claim

Chang Hon Hiung

3rd Appellant / Plaintiff in Main Claim

Jee Nyen Chong

1st Respondent / Defendant in Main Claim

Voon Sam Ted

2nd Respondent / Defendant in Main Claim

Chong Vui Kuet

3rd Respondent / Defendant in Main Claim

Procedural Posture

Civil Appeal and Cross Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court Counterclaim Decision

Legal Issues

  1. 1 Whether publications referred to the respondents personally or only to the society
  2. 2 Whether the words were defamatory
  3. 3 Whether a representative action or society claim was maintainable by office-bearers

Ratio Decidendi

Court of Appeal held the nine articles were capable of and did refer to the respondents individually and as office-bearers, the imputations were defamatory, the defendants failed to establish justification, fair comment or qualified privilege on the facts (qualified privilege rejected because publication to press exceeded reciprocal occasion), the plaintiffs failed to prove express malice, awards of RM60,000 and RM40,000 to the individual respondents were affirmed, the separate award to the Siburan Hall Committee was quashed to avoid double recovery, and interest was ordered to run from the High Court judgment date (4.12.2017).

Court Disposition

Appeal partially allowed in part and dismissed in part; cross-appeal dismissed

Orders

  • Affirm award of RM60,000 to Jee Nyen Chong
  • Affirm award of RM40,000 to Voon Sam Ted